OF  THE 


City  and  County  of 
San  Francisco 


PREPARED  AND  PROPOSED 
BY  THE 

BOARD  OF  FREEHOLDERS 

Elected  Deqember  27,  1897,  in  pursuance  of  the  provisions  of  Section 
8,  Article  XI,  of  the  Constitution  of  ~ 
the  State  of  California. 


Ratified  by  Vote  of  the  People,  May  26,  1898. 

Approved  by  the  Legislature  of  the  State,  January  26,  1899. 

In  full  Force  and  Effect,  January  8,  1900. 

With  Amendments  adopted  at  Special  Election  December  4,  1902 
(in  effect  February  5,  1903),  and  Amendments 
adopted  November  5,  1907  (in  effect 
November  22  and  November 
23,  1907). 


Published  by  authority  of  the  Board  of  Supervisors. 

JOHN  E.  BEHAN,  Clerk. 


Carlisle  &  Co.,  Printers,  1130  Mission  Street, 


San  Francisco,  California, 


®)  oo 

t— 


Board  of  Freeholders 


president: 
JOSEPH  BRITTON. 


JEROME  A.  ANDERSON, 
JAMES  BUTLER, 

H.  N.  CLEMENT, 

A.  COMTE,  Jr., 

ALFRED  CRIDGE, 

L.  R.  ELLERT, 

ISIDOR  GUTTE, 


p.  h.  McCarthy, 

JOHN  NIGHTINGALE,  Jr., 
JOHN  C.  NOBMANN, 
JOSEPH  O’CONNOR, 
LIPPMANN  SACHS, 
EDWARD  R.  TAYLOR, 

A.  W.  THOMPSON. 


Secretary, 

J.  Rich’d  Freud. 


Committees 


1.  BOUNDARY,  RIGHTS  AND  LIABILITIES 

Nobmann,  Thompson  and  McCarthy. 

2.  THE  LEGISLATIVE  DEPARTMENT 

Ellert,  Anderson,  Taylor  and  Cridge. 

3.  FINANCE,  REVENUE  AND  TAXATION 

Sachs,  Ellert  and  Comte. 

4.  THE  EXECUTIVE  DEPARTMENT 

Comte,  Ellert  and  Nightingale. 

5.  THE  JUDICIAL  DEPARTMENT 

Clement,  Comte  and  Taylor. 

6.  DEPARTMENT  OF  PUBLIC  WORKS 

Taylor,  Ellert  and  Gutte. 

7.  PUBLIC  SCHOOLS  AND  LIBRARIES 

O’Connor,  Nightingale,  McCarthy  and  Comte. 

8.  POLICE  AND  CORRECTION 

Britton,  Sachs,  Nobmann  and  Butler. 

9.  THE  FIRE  DEPARTMENT 

Gutte,  Clement  and  McCarthy. 

10.  THE  HEALTH  DEPARTMENT 

Anderson,  Nightingale  and  Taylor. 

11.  DEPARTMENT  OF  ELECTIONS 

Butler,  Nobmann  and  Thompson. 


12.  PUBLIC  UTILITIES 

Cridge,  Anderson  and  Britton. 

13.  CIVIL  SERVICE  AND  SALARIES 

McCarthy,  Clement  and  Gutte. 

14.  MISCELLANEOUS  AND  SCHEDULE 

Nightingale,  Taylor  and  Comte. 


15.  REVISION 


Thompson,  Taylor,  O’Connor,  Cridge  and  Anderson. 


CONTENTS 


Page 

ARTICLE  I — Boundaries,  Rights  and  Liabilities .  1 

ARTICLE  II — Legislative  Department. 

Chapter  I — The  Board  of  Supervisors .  3 

II — Powers  of  the  Supervisors .  9 

III— Contracts  .  20 

ARTICLE  III — Finance  and  Taxation. 

Chapter  I — Levying  of  Taxes .  24 

II — The  Several  Funds .  28 

III —  The  Custody  of  Public  Moneys .  30 

IV —  Payment  of  Claims .  34 

ARTICLE  IV — Executive  Department. 

Chapter  I — Mayor  .  35 

II — Auditor  .  37 

III —  Treasurer  .  39 

IV —  Assessor  .  43 

V — Tax  Collector .  44 

VI — Coroner  . 45 

VII — Recorder  .  46 

ARTICLE  V — Legal  Department. 

Chapter  I — Superior  Court  Judges .  47 

II — City  Attorney  .  47 

III —  District  Attorney  . 48 

IV —  Public  Administrator .  50 

V — County  Clerk  .  50 

VI— Sheriff  .  51 

VII — Justices’  Court  .  51 

VIII— Police  Court  .  52 

IX — San  Francisco  Law  Library .  56 

ARTICLE  VI — Department  of  Public  Works. 

Chapter  I — Board  of  Public  Works .  57 

II — Improvement  of  Streets .  66 

III — Opening  of  Streets .  86 

TV — Sewers  and  Drainage .  93 

V — Harbors  and  Wharves .  95 

VI — Change  of  Grades . 95 

ARTICLE  VII — Public  Schools  and  Libraries. 

Chapter  I — Board  of  Education .  103 

II — Schools  .  104 

III —  Powers  of  Board  of  Education .  104 

IV —  Superintendent  of  Schools .  107 

V — School  Tax  Levy .  109 

VI — School  Houses  and  Lots .  110 

VII — Public  Library  and  Reading  Rooms .  Ill 


CONTENTS 


ARTICLE  VIII — Police  Department, 

Chapter  I — Organization  .  113 

II — Police  Commissioners  .  114 

III —  Powers  of  the  Board .  115 

IV —  Chief  of  Police .  116 

V — Subordinate  Officers .  117 

VI — Police  Officers  .  119 

VII — Promotions.  Suspensions  and  Dismissals.  119 

VIII — Unclaimed  and  Stolen  Property .  120 

IX — Present  Police  Force .  121 

X — Police  Relief  and  Pension  Fund .  121 

ARTICLE  IX — Fire  Department. 

Chapter  I — Organization  and  Powers .  125 

II — Duties  of  Commissioners .  126 

III—  The  Chief  Engineer  .  127 

IV —  Fire  Companies  .  128 

V — Fire  Marshal  .  129 

VI — Fire  Wardens .  130 

VII — Firemen  7s  Relief  Fund .  130 

VIII — Salaries  . 132 

IX — Department  of  Electricity .  133 

ARTICLE  X — Department  of  Public  Health .  134 

ARTICLE  XI — Department  of  Elections. 

Chapter  I — Board  of  Election  Commissioners .  137 

II — Municipal  Elections  .  138 

ARTICLE  XII— Acquisition  of  Public  Utilities .  139 

ARTICLE  XIII— Civil  Service  .  148 

ARTICLE  XIV — Park  Commissioners  .  153 

ARTICLE  XIV-A — Playground  Commissioners  .  157 

ARTICLE  XV— Bonds  of  Officials .  160 

ARTICLE  XVI— Miscellaneous  .  162 

SCHEDULE  .  171 


CHARTER 

OF  THE 

City  and  County  of  San  Francisco 

Provided  for  by  Section  8  of  Article  XI  of  the  Constitution 
of  the  State  of  California. 

Proposed  by  a  Board  of  Freeholders,  elected  December  27,  1897 
Ratified  by  the  Electors,  May  26,  1898. 

Approved  by  the  Legislature  January  26,  1899 
(Statutes  1899,  page  241) 

In  full  force  and  effect  January  8,  1900. 

Amended  at  a  special  election  held  December  4,  1902. 

Amendments  approved  by  the  Legislature  February  5,  1903, 
(Statutes  1903,  page  586) 

Also  amended  at  the  municipal  election,  held  November  5,  1907. 
Amendments  approved  by  the  Legislature  (special  session)  November 

22  and  23,  1907. 

ARTICLE  I. 

BOUNDARIES,  RIGHTS  AND  LIABILITIES. 

Name  and  Powers  of  City  and  County. 

Section  1.  The  municipal  corporation  known  as  the  City  and 
County  of  San  Francisco  shall  remain  and  continue  a  body  politic 
and  corporate  in  name  and  in  fact,  by  the  name  of  the  City  and 
County  of  San  Francisco,  and  by  that  name  shall  have  perpetual 
succession ;  may  sue  and  defend  in  all  courts  and  places  and  in  all 
matters  and  proceedings;  may  have  and  use  a  common  seal  and 
alter  the  same  at  pleasure;  may  purchase,  receive,  hold  and  enjoy 
real  and  personal  property;  receive  bequests,  gifts  and  donations 
of  all  kinds  of  property,  in  fee  simple,  or  in  trust  for  charitable 
and  other  purposes,  and  do  all  acts  necessary  to  carry  out  the  pur¬ 
poses  of  such  gifts,  bequests  and  donations,  with  power  to  manage, 
sell,  lease  or  otherwise  dispose  of  the  same  in  accordance  with  the 
terms  of  the  gift,  bequest  or  trust. 

Boundaries. 

Sec.  2.  The  boundaries  of  the  City  and  County  of  San  Fran¬ 
cisco  are  hereby  declared  to  be  those  set  forth  in  Section  Thirty- 
Nine  Hundred  and  Fifty  of  the  Political  Code  of  California. 
Rights. 

Sec.  3.  The  City  and  County  of  San  Francisco  shall  continue, 
under  this  Charter,  to  have,  hold  and  enjoy  all  property,  rights  of 


2  Charter  of  the  City  and  County  of  San  Francisco 

property,  rights  of  action  of  every  nature  and  description  of  the 
existing-  municipality  and  is  hereby  declared  to  be  the  successor 
of  the  same. 

Actions  by  or  Against  the  City  and  County. 

Sec.  4.  Suits,  actions  and  proceedings  may  pe  brought  in  the 
name  of  the  City  and  County  for  the  recovery  of  any  property, 
money  or  thing  belonging  thereto,  in  law  or  equity,  or  dedicated 
to  public  use  therein,  or  for  the  enforcement  of  any  rights  of,  or 
contracts  with,  the  City  and  County,  whether  made  or  arising  or 
accruing  before  or  after  the  adoption  of  this  Charter.  All  exist¬ 
ing  suits,  actions  and  proceedings  in  the  courts  or  elsewhere,  to 
which  the  City  and  Count}7  is  a  party,  shall  continue  to  be  carried 
on  by  or  against  the  City  and  County. 

Liability  for  Damages  by  Reason  of  Defective  Sidewalks,  Etc. 

Sec.  5.  No  recourse  shall  be  had  against  the- City  and  County 
for  damage  or  loss  to  person  or  property  suffered  or  sus¬ 
tained  by  reason  of  the  defective  condition  of  any  sidewalk,  street, 
avenue,  lane,  alley,  court  or  place,  or  bv  reason  of  the  defective 
condition  of  any  sewer,  or  by  reason  of  any  defective  drainage, 
whether  any  of  said  defects  originally  existed,  or  whether  they 
were  occasioned  by  construction,  excavation  or  embankment;  nor 
shall  there  be  any  recourse  against  the  City  and  County  for  want 
of  repair  of  any  sidewalk,  street,  avenue,  lane,  alley,  court  or 
place,  or  by  want  of  repair  of  any  sewer;  nor  shall  there  be  any 
recourse  against  the  City  and  County  for  damage  to  person  or 
property  suffered  or  sustained  by  reason  of  accident  on  any  side¬ 
walk,  street,  avenue,  lane,  alley,  court  or  place,  or  by  falling  from 
any  embankment  thereon  or  into  any  excavation  therein ;  but  in 
any  such  case  the  person  or  persons  on  whom  the  law  may  have 
imposed  the  obligation  to  repair  such  defect  in  the  sidewalk, 
street  or  public  highway,  or  in  the  sewer,  and  also  the  officer  or 
officers  through  whose  official  negligence  such  defect  remains  un¬ 
repaired,  shall  be  jointly  and  severally  liable  to  the  party  injured 
for  the  damage  sustained;  provided,  that  notice  in  writing  of  the 
existence  of  such  defect  shall  have  been  served  upon  such  person 
or  persons,  officer  or  officers,  at  least  ten  days  before  such  damage 
shall  have  been  sustained;  and,  provided t  further,  that  there  are 
at  such  time  funds  available  for  repairing  such  defect. — As  amend¬ 
ed  November  5,  1907,  approved  by  the  Legislature  November  23, 
1907,  ( Statutes  Special  Session,  1907,  page  54). 


Article  II,  Chapter  I,  Legislative  Department 


3 


ARTICLE  II. 

LEGISLATIVE  DEPARTMENT. 

CHAPTER  I. 

THE  BOARD  OF  SUPERVISORS. 

Legislative  Power. 

Section  1.  The  legislative  power  of  the  City  and  County  of 
San  Francisco  shall  he  vested  in  a  legislative  body,  which  shall  be 
designated  the  Board  of  Supervisors.  Such  body  is  also  desig¬ 
nated  in  this  Charter,  the  Supervisors. 

Supervisors:  Term.  Qualifications. 

Sec.  2.  The  Board  of  Supervisors  shall  consist  of  eighteen 
members,  all  of  whom  shall  hold  office  for  two  years  and  be  elected 
from  the  City  and  County  at  large.  Each  one  must  be  at  the  time 
of  his  election  an  elector  of  the  City  and  County,  and  must  have 
been  such  for  at  least  five  years  next  preceding  his  election.  Each 
Supervisor  shall  receive  an  annual  salary  of  twelve  hundred  dol¬ 
lars. 

Every  person  who  has  served  as  Mayor  of  the  City  and  County, 
so  long  as  he  remains  a  resident  thereof,  shall  be  entitled  to  a 
seat  in  the  Board  of  Supervisors  and  to  participate  in  its  debates, 
but  shall  not  be  entitled  to  a  vote  nor  to  any  compensation. 

Quorum. 

Sec.  3.  A  majority  of  all  the  members  of  the  Board  shall  consti¬ 
tute  a  quorum,  but  a  less  number  may  adjourn  from  day  to  day 
and  compel  the  attendance  of  absent  members  in  such  manner  and 
under  such  penalties  as  the  Board  may  prescribe. 

Powers  of  the  Board  of  Supervisors. 

Sec.  4.  The  Board  shall : 

Appointments. 

1.  Appoint  a  clerk,  sergeant-at-arms  and,  when  authorized  to 
do  so  by  ordinance,  such  additional  clerks  and  other  assistants 
as  may  be  deemed  necessary. 

Rules. 

2.  Establish  rules  for  its  proceedings. 

Journal. 

3.  Keep  a  journal  of  its  proceedings,  and  allow  the  same  to  be 
published.  The  ayes  and  noes  shall  on  demand  of  any  member 
be  taken  and  entered  therein. 

Decorum. 

4.  Have  authority  to  punish  its  members  for  disorderly  or  con¬ 
temptuous  behavior  in  its  presence. 

Presiding  Officer. 

Sec.  5  .  The  Mayor  shall  be  the  presiding  officer  of  the  Board  of 
Supervisors.  In  the  absence  of  the  Mayor  the  Board  shall  appoint 
a  presiding  officer  pro  tempore  from  its  own  members,  who  shall 
have  the  same  right  to  vote  as  other  members. 


4  Charter  of  the  City  and  County  of  San  Francisco 

Meetings:  Time  and  Place. 

Sec.  6.  The  Board  shall  meet  on  Monday  of  each  week,  or  if 
that  day  be  a  legal  holiday,  then  on  the  next  day.  The  Board 
shall  not  adjourn  to  any  other  place  than  to  its  regular  place  of 
meeting,  except  in  case  of  great  necessity  or  emergency.  The 
meetings  of  the  Board  shall  be  public. 

Clerk  of  the  Board:  Duties  and  Powers. 

Sec.  7.  The  clerk  of  the  Board,  when  requested  to  do  so,  shall 
administer  oaths  and  affirmations,  without  charge,  in  all  matters 
pertaining  to  the  affairs  of  his  office,  and  shall  perform  such 
services  as  may  be  prescribed  by  the  Board.  He  shall  have  the 
custody  of  the  seal,  and  of  all  leases,  grants  and  other  documents, 
records  and  papers  of  the  City  and  County.  His  signature  shall 
be  necessary  to  all  leases,  grants  and  conveyances  of  the  City  and 
County. 

Ordinances:  Enactment  and  Passage. 

Sec.  8.  Every  legislative  act  of  the  City  and  County  shall  be 
by  ordinance.  The  enacting  clause  of  every  ordinance  shall  be 
in  these  words:  “Be  it  ordained  by  the  People  of  the  City  and 
County  of  San  Francisco  as  follows/’  No  ordinance  shall  be 
passed  except  by  bill,  and  no  bill  shall  be  so  amended  as  to  change 
its  original  purpose. 

Bills  and  Resolutions:  Final  Adoption. 

Sec.  9.  No  bill  shall  become  an  ordinance,  nor  resolution  be 
adopted,  unless  finally  passed  by  a  majority  of  all  the  members  of 
the  Board  and  the  vote  be  taken  by  ayes  and  noes  and  the  names 
of  the  members  voting  for  and  against  the  same  be  entered  in  the 
Journal. 

Revision  and  Amendment. 

Sec.  10.  No  ordinance  shall  be  revised,  re-enacted  or  amended 
by  reference  to  its  title;  but  the  ordinance  to  be  revised  or  re¬ 
enacted,  or  the  section  thereof  amended,  shall  be  re-enacted  at 
length  as  revised  and  amended. 

Subject  and  Title. 

Sec.  11.  An  ordinance  shall  embrace  but  one  subject,  which 
subject  shall  be  expressed  in  its  title.  If  any  subject  be  embraced 
in  an  ordinance  and  not  expressed  in  its  title,  such  ordinance  shall 
be  void  only  as  to  so  much  thereof  as  is  not  expressed  in  its  title. 
Reconsideration:  Franchises. 

Sec.  12.  When  a  bill  is  put  upon  its  final  passage  in  the  Board 
and  fails  to  pass,  and  a  motion  is  made  to  reconsider,  the  vote 
upon  such  motion  shall  not  be  acted  upon  before  the  expiration 
of  twenty-four  hours  after  adjournment.  No  bill  for  the  grant 
of  any  franchise  shall  be  put  upon  its  final  passage  within  ninety 
days  after  its  introduction,  and  no  franchise  shall  be  renewed 
before  one  year  prior  to  its  expiration.  Every  ordinance  shall, 
after  amendment,  be  laid  over  for  one  week  before  its  final  pas¬ 
sage. 


Article  II,  Chapter  I,  Legislative  Department  5 

Advertisement  of  Bills  and  Resolutions. 

Sec.  13.  Every  bill  or  resolution  providing  for  any  specific 
improvement,  or  the  granting  of  any  franchise  or  privilege,  or 
involving  the  lease,  appropriation  or  disposition  of  public  prop¬ 
erty,  or  the  expenditure  of  public  money,  except  sums  less  than 
two  hundred  dollars,  or  levying  any  tax  or  assessment,  and  every 
ordinance  providing  for  the  imposition  of  a  new  duty  or  penalty, 
shall,  after  its  introduction,  be  published  in  the  official  news¬ 
paper  with  the  ayes  and  noes,  for  at  least  five  successive  days 
(Sundays  and  legal  holidays  excepted)  before  final  action  upon 
the  same.  If  such  bill  be  amended,  the  bill  as  amended  shall  be 
advertised  for  a  like  period  before  final  action  thereon.  But  in 
cases  of  great  necessity  the  officers  and  heads  of  departments 
may,  with  the  consent  of  the  Mayor,  expend  such  sums  of  money, 
not  to  exceed  two  hundred  dollars,  as  shall  be  necessary  to  meet 
the  requirements  of  such  necessity. 

Veto  of  Separate  Items  by  the  Mayor. 

Sec.  14.  If  any  bill  be  presented  to  the  Maj^or  containing  sev¬ 
eral  items  appropriating  money  or  fixing  a  tax  levy,  he  may  object 
to  one  or  more  items  separately,  while  approving  other  portions 
of  the  bill.  In  such  case  he  shall  append  to  the  bill  at  the  time 
of  signing  it  a  statement  of  the  item  or  items  to  which  he  objects 
and  the  reasons  therefor,  and  the  item  or  items  so  objected  to 
shall  not  take  effect  unless  passed  notwithstanding  the  Mayor’s 
objection.  Each  item  so  objected  to  shall  be  separately  reconsid¬ 
ered  by  the  Board  in  the  same  manner  as  bills  which  have  been 
disapproved  by  the  Mayor. 

When  Ordinances  Take  Effect. 

Sec.  15.  No  ordinance  shall  take  effect  until  ten  days  after  its 
passage  unless  otherwise  provided  in  such  ordinance. 

Approval  or  Disapproval  of  Mayor. 

Sec.  16.  Every  bill  and  every  resolution  as  hereinbefore  pro¬ 
vided,  which  shall  have  passed  the  Board  and  shall  have  been  duly 
authenticated,  shall  be  presented  to  the  Mayor  for  his  approval. 
The  Mayor  shall  return  such  bill  or  resolution  to  the  Board  within 
ten  days  after  receiving  it.  II  he  approve  it  he  shall  sign  it  and 
it  shall  then  become  an  ordinance.  If  he  disapproves  it  he  shall 
specify  his  objections  thereto  in  writing.  If  he  does  not  return  it 
with  such  disapproval  within  the  time  above  specified,  it  shall 
take  effect  as  if  he  had  approved  it.  The  objections  of  the  Mayor 
shall  be  entered  at  large  in  the  Journal  of  the  Board,  and  the 
Board  shall,  after  five  and  within  thirty  days  after  such  bill  or 
resolution  shall  have  been  so  returned,  reconsider  and  vote  upon 
the  same.  If  the  same  shall,  upon  reconsideration,  be  again  passed 
by  the  affirmative  vote  of  not  less  than  fourteen  members  of  the 
Board,  the  presiding  officer  shall  certify  that  fact  on  the  bill  or 
resolution,  and  when  so  certified,  the  bill  shall  become  an  ordi¬ 
nance  with  like  effect  as  if  it  had  been  approved  by  the  Mayor. 


6  Charter  of  the  City  and  County  of  San  Francisco 

If  the  bill  or  resolution  shall  fail  to  receive  the  vote  of  fourteen 
members  of  the  Board  it  shall  be  deemed  finally  lost.  The  vote 
on  such  reconsideration  shall  be  taken  by  ayes  and  noes  and  the 
names  of  the  members  voting  for  and  against  the  same  shall  be 
entered  in  the  Journal. 

Deposit  of  All  Ordinances. 

Sec.  17.  All  ordinances  and  resolutions  shall  be  deposited  with 
the  Clerk  of  the  Board,  who  shall  record  the  same  at  length  in  a 
suitable  book. 

Repeal  of  Ordinances. 

Sec.  18.  No  ordinance  shall  be  repealed  except  by  ordinance 
adopted  in  the  manner  hereinbefore  set  out,  and  such  ordinance 
shall  be  presented  to  the  Mayor  for  his  approval  as  hereinbefore 
provided. 

Demands  for  Payment  of  Money. 

Sec.  19.  Except  as  provided  in  Chapter  III  of  Article  III  of 
this  Charter,  all  demands  payable  out  of  the  treasury  must,  be¬ 
fore  they  can  be  approved  by  the  Auditor  or  paid  by  the  Treas¬ 
urer,  be  first  approved  by  the  Board  of  Supervisors.  All  demands 
for  more  than  two  hundred  dollars  shall  be  presented  to  the 
Mayor  for  his  approval,  in  the  manner  hereinbefore  provided  for 
the  passage  of  bills  or  resolutions.  All  resolutions  directing  the 
payment  of  money  other  than  salaries  or  wages,  when  the  amount 
exceeds  five  hundred  dollars,  shall  be  published  for  five  successive 
days  (Sundays  and  legal  holidays  excepted)  in  the  official  news¬ 
paper. 

Adoption  of  Ordinances,  by  Initiative. 

Sec.  20.  Whenever  there  shall  be  presented  to  the  Board  of 
Election  Commissioners  a  petition  signed  by  a  number  of  voters 
ecpial  to  fifteen  per  centum  of  the  votes  cast  at  the  last  preceding 
State  or  City  and  County  election,  asking  that  an  ordinance 
to  be  set  forth  in  such  petition,  be  submitted  to  a  vote  of  the 
electors  of  the  City  and  County,  the  Board  of  Election  Commis¬ 
sioners  must  submit  such  proposed  ordinance  to  the  vote  of  the 
electors  at  the  next  election. 

The  signatures  to  the  petition  need  not  all  be  appended  to  one 
paper,  but  each  signer  shall  add  to  his  signature  his  place  of  resi¬ 
dence,  giving  the  street  and  number.  One  of  the  signers  of  each 
such  paper  shall  make  oath  before  an  officer  competent  to  admin¬ 
ister  oaths,  that  the  statements  therein  made  are  true,  and  that 
each  signature  to  the  paper  appended  is  the  genuine  signature  of 
the  person  whose  name  purports  to  be  thereto  subscribed. 

The  tickets  used  in  such  election  shall  contain  the  words  “FOR 
THE  ORDINANCE”  (stating  the  nature  of  the  proposed  ordi¬ 
nance)  and  “AGAINST  THE  ORDINANCE”  (stating  the  nature 
of  the  proposed  ordinance). 

If  a  majority  of  the  votes  cast  upon  such  ordinance  shall  be  in 
favor  of  the  adoption  thereof,  the  Board  of  Election  Commission- 


Article  II,  Chapter  I,  Legislative  Department  7 

ers  shall,  within  thirty  days  from  the  time  of  such  election,  pro¬ 
claim  such  fact;  and  upon  such  proclamation  such  ordinance 
shall  have  the  same  force  and  effect  as  an  ordinance  passed  by 
the  Supervisors  and  approved  by  the  Mayor,  and  the  same  shall 
not  be  repealed  by  the  Supervisors.  But  the  Supervisors  may 
submit  a  proposition  for  the  repeal  of  such  ordinance,  or  for 
amendments  thereto,  for  vote  at  any  succeeding  election;  and 
should  such  proposition,  so  submitted,  receive  a  majority  of  the 
votes  cast  thereon  at  such  election,  such  ordinance  shall  be  re¬ 
pealed  or  amended  accordingly. 

Referendum  Vote  Required. 

Sec.  21.  Except  as  otherwise  provided  in  the  Constitution  of 
the  State,  or  as  otherwise  provided  in  this  Charter,  every  ordi¬ 
nance  involving  the  granting  by  the  City  and  County  of  any 
franchise  for  the  supply  of  light  or  water,  or  for  the  lease  or  sale 
of  any  public  utility,  or  for  the  purchase  of  land  of  more 
than  fifty  thousand  dollars  in  value,  must  be  submitted  to  the 
vote  of  the  electors  of  the  City  and  County  at  the  election  uext 
ensuing  after  the  adoption  of  such  ordinance. 

The  tickets  used  at  such  election  shall  contain  the  words  “FOR 
THE  ORDINANCE”  (stating  the  nature  of  the  proposed  ordi¬ 
nance)  and  “AGAINST  THE  ORDINANCE ”  (stating  the  nature 
of  the  proposed  ordinance). 

If  a  majority  of  the  votes  cast  upon  such  ordinance  shall  be  in 
favor  of  the  adoption  thereof,  the  Board  of  Election  Commis¬ 
sioners  shall,  within  thirty  days  from  the  time  of  such  election, 
proclaim  such  fact:  and  upon  such  proclamation  such  ordinance 
shall  have  the  same  force  and  effect  as  an  ordinance  passed  by 
the  Supervisors  and  approved  by  the  Mayor. 

No  such  franchise,  or  lease  or  sale  of  any  public  utility,  or  pur¬ 
chase  of  land,  shall  be  of  any  force  or  effect  except,  it  be  made 
by  ordinance,  and  such  ordinance  be  adopted  by  the  people  as 
in  this  section  provided. 

Amendments  to  Charter  hy  Petition. 

Sec.  22.  Whenever  there  shall  be  presented  to  the  Supervisors 
a  petition  signed  by  a  number  of  voters  equal  to  fifteen  per 
centum  of  the  votes  cast  at  the  last  preceding  State  or  municipal 
election,  asking  that  an  amendment  or  amendments  to  this  Char¬ 
ter..  to  be  set  out  in  such  petition,  be  submitted  to  the  people,  the 
Board  must  submit  to  the  vote  of  the  electors  of  the  City  and 
County  the  proposed  amendment  or  amendments. 

The  signatures  to  the  petition  need  not  all  be  appended  to  one 
paper.  Each  signer  shall  add  to  his  signature  his  place  of  resi¬ 
dence.  giving  the  street  and  number.  One  of  the  signers  of  each 
such  paper  shall  make  oath  before  an  officer  competent  to  ad¬ 
minister  oaths  that  the  statements  made  therein  are  true  and  that 
each  signature  to  such  paper  appended  is  the  genuine  signature 
of  the  person  whose  name  purports  to  be  thereto  subscribed. 


8  Charter  of  the  City  and  County  of  San  Francisco 

The  Board  of  Election  Commissioners  must  make  all  necessary 
provision  for  submitting  the  proposed  amendment  or  amendments 
to  the  electors  at  a  special  election  to  he  called  by  it,  and  shall 
canvass  the  vote  in  the  same  manner  as  in  other  cases  of  election. 

All  the  provisions  of  the  Constitution  of  the  State  embracing  the 
subject  in  this  section  provided  for  are  hereby  expressly  made  ap¬ 
plicable  to  such  proposed  amendment  or  amendments.  But  if  at 
any  time  there  shall  be  no  constitutional  provision  or  provisions 
under  which  this  Charter  may  be  amended,  then  the  aforesaid 
amendment  or  amendments  must  be  submitted  by  the  Board  of 
Election  Commissioners  to  the  vote  of  the  electors  of  the  City  and 
County  at  the  election  which  next  ensues  after  such  petition  is 
filed  with  the  Supervisors,  if  any  such  election  is  not  to  be  held 
within  sixty  days  after  the  filing  of  such  petition. 

The  tickets  used  at  such  election  shall  contain  the  words  “FOR 
THE  AMENDMENT”  (stating  the  nature  of  the  proposed  amend¬ 
ment)  and  “AGAINST  THE  AMENDMENT”  (stating  the  nature 
of  the  proposed  amendment). 

If  a  majority  of  the  votes  cast  upon  such  amendment  or  amend¬ 
ments  shall  be  in  favor  of  the  adoption  thereof,  the  Board  of 
Election  Commissioners  shall,  within  thirty  days  from  the  time 
of  such  election,  proclaim  such  fact,  and  thereupon  this  Charter 
shall  be  amended  accordingly. 

Recall  of  Elected  Officials.  Petition  for  Removal  of  Officer.  Election:  How 
Conducted. 

Sec.  23.  The  holder  of  any  elective  office  may  be  removed 
at  an*y  time  by  the  electors  qualified  to  vote  for  a  successor  of 
such  incumbent.  The  procedure  to  effect  the  removal  of  an  in¬ 
cumbent  of  an  elective  office  shall  be  as  follows : 

A  petition  signed  by  electors  entitled  to  vote  for  a  successor  to 
the  incumbent  sought  to  be  removed,  equal  in  number  to  at  least 
30  per  centum  of  the  entire  vote  cast  at  the  election  at  which  the 
officer  sought  to  be  removed  was  elected  demanding  the  election 
of  a  successor  to  the  person  sought  to  be  removed,  shall  be  filed 
with  the  Board  of  Election  Commissioners ;  provided,  that  the 
petition  sent  to  the  Board  of  Election  Commissioners  shall  contain 
a  general  statement  of  the  grounds  for  which  the  removal  is 
sought.  The  petition  shall  be  presented,  and  the  signatures  there¬ 
to  shall  be  authenticated  and  verified  as  in  this  Charter  provided, 
in  relation  to  petitions  for  the  submission  of  Charter  amendments 
and  ordinances  to  the  electors. 

If  the  petition  shall  be  found  to  be  sufficient,  the  Board  of  Elec¬ 
tion  Commissioners  shall  transmit  the  same  to  the  Board  of  Super¬ 
visors  without  delay,  and  attach  thereto  their  certificate  showing 
the  result  of  said  examination.  The  Board  of  Supervisors  shall 
thereupon  call  a  special  election,  fix  the  date  for  holding  the  same, 
which  date  shall  be  not  less  than  thirty  days  nor  more  than  forty 


[Article  II,  Chapter  II,  Legislative  Department  9 

days  from  the  date  of  the  reception  of  said  petition  and  certificate 
from  the  Board  of  Election  Commissioners. 

The  Board  of  Election  Commissioners  shall  make  or  cause  to 
be  made  publication  of  notice  and  all  arrangements  for  holding 
such  election,  and  the  same  shall  be  conducted,  returned,  and  the 
result  thereof  declared  in  all  respects  as  are  other  municipal  elec¬ 
tions.  The  successor  of  any  officer  so  removed  shall  hold  office 
during  the  unexpired  term  of  his  predecessor.  Any  person  sought 
to  be  removed  may  be  a  candidate  to  succeed  himself ;  and  unless 
he  requests  otherwise  in  writing,  the  Board  of  Election  Commis¬ 
sioners  shall  place  his  name  on  the  official1  ballot  without  nomi¬ 
nation.  In  any  such  removal  election,  the  candidate  receiving  the 
highest  number  of  votes  shall  be  declared  elected.  At  such  elec¬ 
tion,  if  some  other  person  than  the  incumbent  receive  the  highest 
number  of  votes,  the  incumbent  shall  thereupon  be  deemed  re¬ 
moved  from  the  office,  upon  qualification  of  his  successor.  In  case 
the  party  who  receives  the  highest  number  of  votes  should  fail  to 
qualify  within  ten  days  after  receiving  notification  of  his  election, 
the  office  shall  be  deemed  vacant.  If  the  incumbent  receives  the 
highest  number  of  votes,  he  shall  continue  in  office. — New  section 
added  by  amendment  adopted  November  5,  1907,  approved  by  the 
Legislature  November  23,  1907  ( Statutes  Special  Session ,  19CC, 
page  34.) 

CHAPTER  II. 

POWERS  OF  THE  SUPERVISORS. 

Section  1.  Subject  to  the  provisions,  limitations  and  restric¬ 
tions  in  this  Charter  contained,  the  Board  of  Supervisors  shall 
have  power: 

Local  Laws. 

1.  To  ordain,  make  and  enforce  within  the  limits  of  the  City 
and  County  all  necessary  local,  police,  sanitary  and  other  laws 
and  regulations. 

Use  of  Streets. 

2.  Except  as  otherwise  provided  in  this  Charter,  or  in  the  Con¬ 
stitution  of  the  State  of  California,  to  regulate  and  control  for 
any  and  every  purpose,  the  use  of  the  streets,  highways,  public 
thoroughfares,  public  places,  allej^s  and  sidewalks  of  the  City  and 
County. 

Permits  for  Spur  Tracks  on  Streets. 

3.  To  permit  the  laying  down  of  spur  or  side  tracks 
and  running  cars  thereon  for  industrial  purposes  only,  for  the 
purpose  of  connecting  warehouses,  manufactories,  or  other  busi¬ 
ness  industries  and  enterprises  with  the  Belt  Line  of  railroads 
along  the  water  front  or  other  lines  of  railroad  which  now  or  may 
hereafter  enter  the  City  and  County,  subject  to  such  regulations 
and  conditions  as  may  be  prescribed  from  time  to  time  by  said 


10  Charter  of  the  City  and  County  of  San  Francisco 


Board  of  Supervisors;  such  tracks  to  be  used  for  transportation 
of  freight  only,  and  not  to  be  used  as  a  main  line  or  a  part  thereof ; 
and  also  for  the  purpose  of  excavating  and  filling  in  a  street  or 
portion  of  a'  street  or  the  adjoining  land,  and  for  such  limited 
time  as  ma}^  be  necessary  for  such  purpose  and  no  longer. 

Such  tracks  must  be  laid  level  with  the  street  and  must  be 
operated  under  such  restrictions  as  not  to  interfere  with  the  use 
of  such  streets  by  the  public.  All  permits  granted  under  the  pro¬ 
visions  hereof  shall  be  revocable  at  the  pleasure  of  the  Board  of 
Supervisors.  All  spur  or  side  tracks  laid  down  and  in  use  on  the 
first  day  of  July,  1907,  shall  be  deemed  to  have  been  laid  down 
and  to  be  in  use  by  permission  of  the  Board  of  Supervisors,  sub¬ 
ject  to  the  provisions  of  this  section. — As  amended  November  5, 
1907,  approved  by  the  Legislature  November  23,  1907  (Statutes 
Special  Session  1907,  page  55.) 

Street  Sweepings. 

4.  To  empower  street  railway  companies,  under  such  condi¬ 
tions  as  the  Board  may  see  fit  to  impose,  to  convey  street  sweep¬ 
ings  and  offal  to  the  public  parks. 

Fire  Limits. 

5.  To  fix  the  limits  within  which  wooden  buildings  or  struc¬ 
tures  shall  not  be  erected,  placed  or  maintained,  and  to  prohibit 
the  same  within  such  limits.  Such  limits  when  once  established 
shall  not  be  changed  except  by  extension. 

Nuisances. 

6.  To  provide  for  the  abatement  or  summary  removal  of  any 
nuisance  and  to  condemn  and  to  prevent  the  occupancy  of  unsafe 
structures. 

Passenger  Vehicles. 

7.  To  regulate  the  use  of  hackney  carriages  and  public  pas¬ 
senger  vehicles,  and  to  fix  the  rates  to  be  charged  for  the  trans¬ 
portation  of  persons  or  personal  baggage. 

Public  Pound. 

8.  To  provide  a  public  pound  and  to  make  all  necessary  rules 
and  regulations  in  the  matter  of  animals  running  at  large,  and  for 
the  custody  and  destruction  of  the  same. 

Morgue. 

9.  To  provide  and  maintain  a  morgue. 

Places  for  Detention. 

10.  To  provide  for  places  for  the  detention  of  witnesses  and 
persons  charged  with  insanity,  separate  and  apart  from  places 
where  criminals  or  persons .  accused  of  public  offenses  are  im¬ 
prisoned. 

Prisons,  Hospitals  and  Almshouses. 

11.  To  establish,  maintain  and  regulate,  and  change,  discon¬ 
tinue  and  re-establish  City  and  County  jails,  prisons  and  houses 
of  detention,  punishment,  confinement  and  reformation,  hospitals 
and  almshouses: 


Article  II,  Chapter  II,  Legislative  Department 


11 


Acquire  Property. 

12.  To  purchase  or  acquire  by  condemnation  such  property  as 
may  be  needed  for  public  use. 

Water,  Heat,  Light,  Power,  Etc. 

13.  Except  as  otherwise  provided  in  this  Charter,  to  regulate 
and  control  the  location  and  quality  of  all  appliances  necessary 
to  the  furnishing  of  water,  heat,  light,  power,  telephonic  and  tele¬ 
graphic  service  to  the  City  and  County,  and  to  acquire,  regulate 
and  control  any  and  all  appliances  for  the  sprinkling  and  clean¬ 
ing  of  the  streets  of  the  City  and  County,  and  for  flushing  the 
sewers  therein. 

Regulation  of  Public  Utility  Rates. 

14.  To  fix  and  determine  by  ordinance  in  the  month  of  Feb¬ 
ruary  of  each  year,  to  take  effect  on  the  first  day  of  July  there¬ 
after,  the  rates  or  compensation  to  be  collected  by  any  person, 
company  or  corporation  in  the  City  and  County,  for  the  use  of 
water,  heat,  light,  power  or  telephonic  service,  supplied  to  the 
City  and  County,  or  to  the  inhabitants  thereof,  and  to  prescribe 
the  quality  of  the  service. — As  amended  November  5,  1907,  ap¬ 
proved  by  the  Legislature  November  23,  1907  ( Statutes  Special 
Session,  1907,  page  55). 

License  Taxes,  Exemption. 

15.  To  impose  license  taxes  and  to  provide  for  the  collection 
thereof;  but  no  license  taxes  shall  be  imposed  upon  any  person 
who,  at  any  fixed  place  of  business  in  the  City  and  County,  sells  or 
manufactures  goods,  wares  or  merchandise,  except  such  as  require 
permits  from  the  Board  of  Police  Commissioners  as  provided  in 
this  Charter. 

Fines  and.  Penalties. 

16.  To  prescribe  fines,  forfeitures  and  penalties  for  the  breach 
of  any  ordinance;  but  no  penalty  shall  exceed  the  amount  of  five 
hundred  dollars  or  six  months’  imprisonment,  or  both. 

Fees. 

17.  To  fix  the  fees  and  charges  for  all  official  services  not  other¬ 
wise  provided  for  in  this  Charter. 

Fourth  of  July.  Memorial  Day. 

18.  To  allow  not  to  exceed  two  thousand  five  hundred  dollars 
in  any  year  for  the  celebration  of  the  anniversary  of  our  National 
Independence,  and  not  to  exceed  five  hundred  dollars  in  any  year 
for  the  observance  of  Memorial  Day. 

Cruelty  to  Animals. 

19.  To  appropriate  such  sums  as  may  be  paid  into  the  treasury 
from  fines  collected  on  conviction  of  persons  charged  with  cruelty 
to  animals,  and  to  authorize  the  payment  of  the  same  or  some  part 
thereof  to  any  society  that  shall  efficiently  aid  in  such  convictions. 
Interpreters’  Compensation. 

20.  To  provide  for  the  payment  of  compensation  to  the  inter¬ 
preters  appointed  by  the  Judges  of  the  Superior  Court  to  interpret 


12  Charter  of  the  City  and  County  of  San  Francisco 

testimony  in  criminal  cases  in  said  Court  or  the  Police  Court,  or 
upon  inquests  and  examinations.  Such  compensation  shall  not 
exceed  one  hundred  dollars  a  month  for  each  interpreter. 

Rewards  to  Catch  Criminals. 

21.  To  offer  rewards  not  exceeding  one  thousand  dollars  in  any 
one  instance  for  the  apprehension  and  conviction  of  any  person 
who  may  have  committed  a  felony  in  the  City  and  County,  and  to 
authorize  the  payment  thereof. 

Sewer  System  Fund. 

22.  To  provide  in  the  annual  tax  levy  for  a  special  fund  to  be 
used  in  the  construction  of  a  general  system  of  drainage  and 
sewerage. 

Official  Seals. 

23.  To  provide  a  Seal  for  the  City  and  County,  and  Seals  for 
the  several  departments,  boards  anrl  officers  thereof,  and  a  Seal 
for  the  Police  Court. 

Hcurs  and  Wages  of  Laborers. 

24.  To  fix  the  hours  of  labor  or  service  required  of  all  laborers 
in  the  service  of  the  City  and  County,  and  to  fix  their  compensa¬ 
tion;  provided  that  eight  hours  shall  be  the  maximum,  hours  of 
labor  in  any  calendar  day,  and  that  the  minimum  w^ages  of  labor¬ 
ers  shall  be  two  dollars  a  day. 

Boulevards. 

25.  To  set  apart  as  a  boulevard  or  boulevards  any  street  or 
streets,  or  portions  of  a  street  or  streets,  over  which  there  is  no 
existing  franchise  for  any  street  railroad. 

Tunnels. 

26.  To  construct  or.  permit  the  construction  of  tunnels,  under 
such  rules  and  regulations  as  the  Board  may  prescribe. 
Regulation  of  Street  Railways. 

27.  To  regulate  street  railroads,  tracks  and  cars;  to  permit 
two  or  more  lines  of  street  railways,  operated  under  different  man¬ 
agements,  to  use  the  same  street,  each  paying  an  equal  portion  for 
the  construction  and  repair  of  the  tracks  and  appurtenances  used 
by  said  railways  jointly  for  such  number  of  blocks  consecutively, 
not  exceeding  ten  blocks,  to  fix,  establish  and  reduce  the  fares  and 
charges  for  transporting  passengers  and  goods  thereon ;  to  regu¬ 
late  rates  of  speed,  and  to  pass  ordinances  to  protect  the  public 
from  danger  or  inconvenience  in  the  operation  of  such  roads. 

-As  amended  December  4,  1902,  approved  by  the  Legislature 
February  5,  1903  ( Statutes  1903,  page  586)  . 

Entry  to  the  City  of  Steam  Railroads, 

28.  To  allow  any  transcontinental  or  other  railroad  company 
having  not  less  than  fifty  miles  of  road  actually  constructed  and 
in  operation  to  enter  the  City  and  County  with  its  road  and  run 
its  cars  to  the  water  front  at  the  most  suitable  point  for  public 
convenience.  No  exclusive  right  shall  be  granted  to  any  railroad 


Article  II,  Chapter  II,  Legislative  Department  13 

company ;  and  the  use  of  all  such  rights  shall  at  all  times  be  sub¬ 
ject  to  regulation  by  the  Supervisors. 

Every  ordinance  granting  such  right  shall  be  upon  the  condi¬ 
tions  that  said  company  shall  pave  and  keep  in  repair  the  street 
from  curb  to  curb  in  such  a  manner  and  with  such  material  as 
may  from  time  to  time  be  prescribed  by  the  Supervisors,  and  that 
such  compamr  shall  allow  any  other  railroad  company  to  use  in 
common  with  it  the  same  track  or  tracks,  each  paying  an  equal 
portion  for  the  construction  and  repair  of  the  tracks  and  appur¬ 
tenances  used  by  such  railways  jointly , 

Conveyance  of  Lands. 

29.  To  convey  lands  in  accordance  with  the  provisions  of  the 
Act  of  the  Legislature  of  the  State  of  California,  entitled  “An 
Act  to  expedite  the  settlement  of  land  titles  in  the  City  and  County 
of  San  Francisco,  and  to  ratify  and  confirm  the  acts  and  proceed¬ 
ings  of  certain  of  the  authorities  thereof,”  approved  March  14, 
1870. 

Trusts. 

30.  To  provide  for  the  execution  of  all  trusts  confided  to  the 
City  and  County. 

Vacant.  Lots. 

31.  To  transfer  from  one  department  of  the  City  Government 
vacant  and  unused  lots  of  land  to  another  department. 

Lease  of  Lands  of  the  City. 

32.  To  provide  for  the  lease  of  any  lands  now  or  hereafter 
owned  by  the  City  and  County;  but  all  leases  shall  be  made  at 
public  auction  to  the  highest  responsible  bidder  at  the  highest 
monthly  rent,  after  publication  of  notice  thereof  for  at  least  three 
weeks.  No  lease  shall  be  authorized  except  by  ordinance  passed 
by  the  affirmative  vote  of  two-thirds  of  the  members  of  the  Board, 
and  approved  by  the  Mayor,  and  no  lease  shall  be  made  for  a 
longer  period  than  twenty  years. 

Sale  of  Useless  Property. 

33.  To  provide  for  the  sale  at  public  auction,  after  advertising 
for  five  days,  of  personal  property  unfit  or  unnecessary  for  the  use 
of  the  City  and  County. 

Purchase  of  Property, 

34.  To  provide  for  the  purchase  of  property  levied  upon  or 
under  execution  in  favor  of  the  City  and  County ;  but  the  amount 
bid  on  such  purchase  shall  not  exceed  the  amount  of  judgment 
and  costs. 

Mayor’s  Contingent  Fund. 

35.  The  Supervisors  must  appropriate  annually  to  the  Mayor 
thirty-six  hundred  dollars  as  and  for  a  contingent  fund,  for  which 
he  need  furnish  no  vouchers. 

To  Aid  Indigent  and  Exempt  Firemen. 

36.  To  allow  not  to  exceed  the  sum  of  five  thousand  dollars  a 
year  for  the  relief  of  aged,  indigent  and  infirm  exempt  firemen 


14  Charter  of  the  City  and  County  of  San  Francisco 

who  served  in  the  Volunteer  Fire  Department  between  the  years 
1850  and  1860. — As  amended  December  4,  1902,  approved  by  tin 3 
Legislature  February  5,  1903  ( Statutes ,  1903,  page  580';. 

Equalization  Board. 

Sec.  2.  The  Supervisors  shall  constitute  the  Board  of  Equali¬ 
zation  of  the  City  and  County.  The  Clerk  of  the  Supervisors  shall 
be  Clerk  of  the  Board  of  Equalization  by  virtue  of  his  office. 
Finance  Committee:  Duties  and  Powers. 

Sec.  3.  The  Board  of  Supervisors  shall  appoint  from  its  mem¬ 
bers  a  committee  consisting  of  three  to  be  denominated  Finance 
Committee,  and  shall  fill  all  vacancies  in  the  Committee.  The 
Committee  shall  investigate  the  transactions  and  accounts  of  all 
officers  having  the  collection,  custody  or  disbursement  of  public 
money,  or  having  the  power  to  approve,  allow,  or  audit  demands 
on  the  treasury ;  shall  have  free  access  to  any  records,  books  and 
papers  in  all  public  offices:  shall  have  power  to  administer  oaths 
and  affirmations,  and  to  examine  witnesses,  and  compel  their  at¬ 
tendance  before  them  by  subpoena.  The  Committee  may  at  any 
time  visit  any  of  the  public  offices  and  make  its  examinations  and 
investigations  therein  without  hindrance. 

The  Committee  must,  at  least  once  in  every  six  months,  examine 
the  official  bonds  of  all  City  and  County  officers,  and  investigate 
the  sufficiency  and  solvency  of  the  sureties  thereon,  and  report  in 
writing  the  facts  to  the  Mayor.  Such  report  shall  specify  each 
bond  with  the  sureties,  and  the  amounts  for  which  each  surety  is 
bound,  and  state  whether  or  not  they  are  sufficient  and  solvent. 
Upon  such  report  the  Mayor  shall  take  such  action  as  shall  be 
necessary  to  protect  the  City  and  County,  and  may  require  new 
bonds  when  necessary,  and  he  may  suspend  any  officer  till  a  suffi¬ 
cient  bond  is  filed  and  approved. 

Expert  Books  of  Quasi-Public  Corporations.  Misdemeanors  in  Office. 

Sec.  4.  The  Finance  Committee  shall  have  power,  and  it  shall 
be  its  duty,  to  examine  the  records  and  examine  and  expert  the 
books  of  account  of  all  persons,  companies  or  corporations  that 
are  required  to  pay  a  portion  of  their  gross  receipts  into  the  treas¬ 
ury:  and  shall  likewise,  as  an  aid  to  the  fixing  of  rates  for  fur¬ 
nishing  water  and  light  to  the  City  and  County  and  to  the  inhabit¬ 
ants  thereof,  have  like  power,  and  it  shall  be  its  duty,  to  examine 
the  records  and  examine  and  expert  the  books  of  account  of  any 
and  all  persons,  companies  or  corporations  so  furnishing  water  or 
light. 

In  the  exercise  of  its  functions,  the  concurrence  of  two  members 
of  the  Committee  shall  be  deemed  sufficient.  The  Committee  shall 
keep  a  record  of  its  proceedings  with  the  names  of  the  witnesses 
examined  and  a  substantial  statement  of  the  evidence  taken.  If, 
from  the  examination  made  by  the  Committee,  it  shall  appear  that 
a  misdemeanor  in  office,  or  a  defalcation,  has  been  committed  by 


Article  II,  Chapter  II,  Legislative  Department  15 

an  officer,  the  Committee  shall  immediately  report  to  the  Mayor, 
who,  if  he  approve  the  report,  shall  take  such  proceedings  against 
such  officer  as  are  authorized  by  law,  and  may  suspend  him  pend¬ 
ing  such  proceedings.  Any  police  officer  shall  execute  the  process 
and  orders  of  the  Committee. 

No  Exclusive  Franchise. 

Sec.  5,  No  exclusive  franchise  or  privilege  shall  be  granted  for 
laying  pipes,  wires  or  conduits. 

Street  Railway  Franchises:  Method  of  Granting. 

Sec.  6.  The  Board  of  Supervisors  shall  have  power  to  grant  au¬ 
thority  for  a  term  not  exceeding  twenty-five  years  to  construct 
and  operate  street  railways  upon,  or  over,  or  under,  the  streets  or 
parts  of  streets  of  the  City  and  County  not  reserved  for  boule¬ 
vards  or  carriage  driveways,  upon  the  following  conditions  and 
in  the  following  manner  and  none  other: 

Upon  application  being  made  to  the  Board  for  any  such  fran¬ 
chise.  it  shall  by  resolution  determine  whether  such  franchise  or 
any  part  thereof  should  be  granted,  and  at  said  time  shall  determine 
on  what  conditions  the  same  shall  be  granted  additional  to  those 
conditions  provided  in  this  Chapter.  After  such  determination,  it 
shall  cause  notice  of  such  application  and  resolution  to  be  adver¬ 
tised  in  the  official  newspaper  of  the  City  and  County  for  ten  con¬ 
secutive  days.  Such  advertisement  must  be  completed  not  less 
than  twenty  nor  more  than  thirty  days  before  any  further  action 
is  taken  by  the  Board  on  such  application.  The  advertisement 
must  state  the  character  of  the  franchise  sought,  the  term  of  its 
proposed  continuance,  and  the  route  to  be  traversed;  that  sealed 
bids  will  be  received  up  to  a  certain  hour  on  a  day  to  be  named 
in  the  advertisement;  and  a  further  statement  that  no  bids  will 
be  received  of  a  stated  amount,  but  that  all  bids  must  be  for  the 
paj^ment  to  the  City  and  County  in  lawful  money  of  the  United 
States  of  a  stated  percentage  of  the  gross  annual  receipts  of  the 
person,  company  or  corporation  to  whom  the  franchise  may  be 
awarded,  arising  from  its  use,  operation,  enjoyment  or  possession. 

Every  bidder  shall  file  with  his  bid  a  bond  executed  to  the  City 
and  County,  with  at  least  two  good  and  sufficient  sureties  to  be 
approved  by  the  Mayor  in  a  penal  sum  prescribed  by  the  Super¬ 
visors,  and  set  forth  in  such  advertisement,  conditioned  that  such 
bidder  will  well  and  truly  observe,  fulfill  and  perform  each  and  all 
of  the  conditions,  terms  and  obligations  of  the  franchise  for  which 
said  application  was  made  in  case  the  same  shall  be  awarded  to 
him,  and  that  in  case  of  the  breach  of  any  of  the  conditions  of 
such  bond,  the  whole  amount  of  the  penal  sum  therein  named 
shall  be  taken  to  be  liquidated  damages,  and  that  as  such  shall 
be  recoverable  from  the  principal  and  sureties  on  such  bond. 

At  the  next  regular  session  after  the  expiration  of  the  time 
stated  in  such  advertisement  up  to  which  such  bids  will  be  re- 


16  Charter  of  the  City  and  County  of  San  Francisco 

ceived,  the  Board  must  open  such  bids  and  award  the  franchise 
to  the  person,  company  or  corporation  offering  to  pay  the  high¬ 
est  stated  percentage  of  the  gross  receipts  arising  from  the  use, 
operation,  possession  or  enjoyment  of  the  franchise  for  which 
such  application  was  made.  But  no  award  shall  be  made,  nor  any 
such  application  granted,  unless  the  stated  percentage  offered  to 
be  paid  for  the  franchise  shall  be  at  least  three  per  centum  of 
such  gross  receipts  during  the  first  five  years  of  the  period  for 
which  the  franchise  is  to  be  granted,  four  per  centum  of  the  gross 
receipts  during  the  next  succeeding  ten  years,  and  five  per  cen¬ 
tum  of  the  gross  receipts  during  the  next  succeeding  ten  years. 

Except  as  in  this  section  otherwise  provided,  bidding  for  such 
franchises  must  be  in  accordance  with  the  provisons  of  this  Char¬ 
ter  in  relation  to  bids  made  to  the  Board  of  Public  Works,  so  far 
as  such  provisions  may  be  applicable.  The  Supervisors  may  reject 
any  and  all  bids,  and  may  refuse  to  grant  a  franchise  foi.*  any  part 
of  the  route  for  which  application  was  made.  Every  ordinance 
making  such  grant  shall  require  the  concurrence  of  three-fourths 
of  all  the  members  of  the  Board  of  Supervisors,  as  shown  by  the 
ayes  and  noes,  and  the  approval  of  the  Mayor,  and  at  least  ninety 
days  shall  intervene  between  the  introduction  and  final  passage 
of  any  such  ordinance.  It  shall  require  a  vote  of  five-sixths  of  all 
the  Supervisors  to  pass  the  ordinance  notwithstanding  the  objec¬ 
tions  of  the  Mayor. 

If  any  bid  be  accepted,  the  franchise  must  be  granted  upon  the 
express  condition,  in  addition  to  the  conditions  required  by  this 
Charter,  and  such  other  conditions  as  may  be  prescribed  by  the 
Supervisors,  that  the  per  centum  of  the  gross  receipts  of  the  rail¬ 
way  shall  be  paid  into  the  treasury  on  or  before  the  tenth  day  of 
the  next  ensuing  month  after  such  gross  receipts  shall  have  been 
earned ;  and  upon  the  further  condition  that  the  whole  of  the  rail¬ 
way  shall  be  continuously  operated,  and  that  at  the  end  of  the 
term  the  road-track  and  bed  of  such  railway  and  all  its  stationary 
fixtures  upon  the  public  streets,  shall  become  the  property  of  the 
City  and  County;  and  that  the  grantees  will,  within  one  hundred 
days  after  the  date  of  such  grant,  commence  the  construction  of 
such  railway,  and  continuously  thereafter,  in  each  and  every 
month  until  the  completion  thereof,  expend  in  such  construction 
at  least  the  sum  of  three  thousand  dollars. 

The  failure  to  comply  with  any  of  said  conditions  shall  work 
an  immediate  forfeiture  of  such  franchise  and  the  road  or  track 
constructed  thereunder.  There  shall  be  no  power  in  the  Super¬ 
visors  to  relieve  from  such  forfeiture  or  from  any  of  said  condi¬ 
tions.  On  or  before  the  tenth  day  of  each  month  after  said  re¬ 
ceipts  shall  have  been  earned,  the  President  and  Secretary  of  said 
railway  company  shall  make  and  file  with  the  Clerk  of  the  Board 
of  Supervisors  a  sworn  statement  of  the  gross  receipts  of  such 
railway  for  the  preceding  month. 


Article  II,  Chapter  II,  Legislative  Department  17 

In  granting  any  such  franchise  the  Board  of  Supervisors  shall 
impose  such  other  lawful  conditions  as  it  may  deem  advisable,  and 
must  expressly  provide  that  the  franchise  shall  not  be  renewed  or 
regranted,  and  that  the  Board  shall  at  all  times  have  the  power 
to  regulate  the  rates  of  fare  to  be  charged  by  those  using,  operat¬ 
ing,  possessing  or  enjoying  the  franchise,  and  that  the  Finance 
Committee  of  the  Board  shall  at  all  times  be  permitted  to  examine 
and  expert  their  books  as  to  such  gross  receipts.  All  moneys  re¬ 
ceived  for  such  franchises  and  in  payment  of  the  said  per  centum 
shall  be  credited  to  the  General  Fund. 

Electric  Power  and  Lighting  Franchises.  Conditions  and  Manner  of  Grant¬ 
ing  Same. 

Sec.  7.  The  Supervisors  shall  have  no  power  to  grant  fran¬ 
chises  or  privileges  to  erect  poles  or  wires  for  transmitting  elec¬ 
tric  power  or  for  lighting  purposes  along  or  upon  any  public 
street  or  highway  of  the  City  and  County  except  upon  all  the  con¬ 
ditions  and  in  the  manner,  including  competitive  bidding  and  pay¬ 
ment  of  a  percentage  of  gross  receipts,  hereinbefore  set  out,  and 
upon  the  further  condition  that  the  Board  shall  at  all  times  have 
the  right  to  regulate  the  charges  of  any  person,  company  or  cor¬ 
poration  using,  enjoying  or  possessing  such  franchise  or  privilege. 

When,  on  the  expiration  of  any  street  railroad  franchise,  it 
shall  be  deemed  inexpedient  by  the  Board  to  use  any  of  the  prop¬ 
erty  reverting  to  it  by  reason  of  such  expiration  in  the  operation 
of  a  street  railroad,  then  the  Board  shall  have  power  to  lease  such 
property  to  any  person,  company  or  corporation  after  the  notice, 
on  the  terms,  and  in  the  manner  above  provided  as  to  the  granting 
of  street  railroad  franchises,  as  far  as  the  same  may  be  applicable. 
But  no  ordinance  authorizing  such  lease  shall  be  passed  prior  to 
ninety  days  next  preceding  the  expiration  of  such  franchise. 

Any  ordinance  granting  a  franchise  or  authorizing  a  lease  un¬ 
der  the  provisions  of  this  section  shall  be  in  force  from  and  after 
the  expiration  of  thirty  days  from  the  date  of  its  signature  by  the 
Mayor,  or  from  and  after  the  expiration  of  thirty  days  from  the 
date  of  its  passage  by  the  Supervisors  over  his  objections,  unless 
within  said  thirty  days  a  petition  signed  by  a  number  of  the 
electors  of  the  City  and  County  equal  to  fifteen  per  centum  of 
the  votes  cast  at  the  last  preceding  election  shall  have  been  filed 
with  the  Supervisors,  asking  that  said  ordinance  be  submitted 
to  the  vote  of  the  people.  In  such  case  said  ordinance  shall  be 
submitted  at  the  next  election  to  the  vote  of  the  electors  of  the 
City  and  County,  and  unless  said  ordinance  shall  at  said  election 
receive  in  its  favor  a  majority  of  the  votes  cast  thereon  it  shall 
have  no  force  or  effect  for  any  purpose.  If  a  majority  of  the 
votes  be  in  favor  of  such  ordinance,  the  Board  of  Election  Com¬ 
missioners  shall,  on  the  conclusion  of  the  canvass  of  the  vote 
thereon,  proclaim  such  fact,  and  upon  such  proclamation  said 
ordinance  shall  have  full  force  and  effect  as  of  the  date  afore- 


18  Charter  of  the  City  and  County  of  San  Francisco 

said.  Said  petition  and  submission  shall  be  made  in  accordance 
with  the  provisions  ot'  section  twenty  of  Chapter  I  of  this  Article. 
Claims  for  Damages  Against  the  City. 

Sec.  8.  All  claims  for  damages  against  the  City  and  County 
must  be  presented  to  the  Board  of  Supervisors  and  filed  with  the 
Clerk  within  six  months  after  the  occurrence  from  which  the 
damages  are  claimed  to  have  arisen ;  otherwise  there  shall  be  no 
recovery  on  any  such  claim. 

Sales  of  Certain  Lands  and  Procedure  Therefor. 

Sec.  9.  The  City  and  County  of  San  Francisco  shall  have 
power  to  sell  all  lands  owned  by  the  City  and  County  between 
Ninth  street  and  Eighteenth  street,  lying  in  what  was  formerly 
Mission  Creek,  and  any  and  all  lands  that  may  be  hereafter  ac¬ 
quired,  excepting  lands  for  parks,  squares  and  children’s  play¬ 
grounds,  and  the  Board  of  Supervisors  of  said  City  and  County 
may  by  ordinance  determine  that  the  public  interest  or  necessity 
demands  the  sale  of  such  lands,  so  owned  or  held  by  the  City  and 
County. 

Such  ordinance  must  describe  the  lands  to  be  sold,  and  the 
terms  of  sale,  which  must  be  for  cash  in  United  States  gold  coin. 
The  land  may  be  sold  in  one  parcel  or  in  subdivisions,  as  the 
Super  visors  may,  in  such  ordinance,  determine,  and  sales  shall 
be  made  by  the  Mayor,  as  hereinafter  provided. 

Every  such  sale  must  be  at  public  auction,  unless  the  Super¬ 
visors  shall,  in  and  by  such  ordinance,  determine  that  all  or  a  por¬ 
tion  of  such  lands  shall  be  sold  at  private  sale. 

When  a  sale  at  public  auction  is  to  be  had,  the  Clerk  of  the 
Board  of  Supervisors  must  give  notice  thereof  by  publishing  the 
same  in  the  official  newspaper,  and  one  other  daily  newspaper  pub¬ 
lished  in  the  City  and  County,  at  least  three  weeks  successively 
next  before  the  sale,  which  said  notice  shall  describe  the  lands  to 
be  sold,  with  common  certainty. 

Such  sales  at  public  auction  must  be  made  in  the  City  and 
County,  and  must  be  between  the  hours  of  9  o’clock  in  the  morn¬ 
ing  and  5  o’clock  in  the  afternoon,  and  must  be  made  on  the  day 
named  in  the  notice  of  sale,  unless  the  same  is  postponed. 

When  it  shall  have  been  determined  by  the  Supervisors,  as 
hereinbefore  provided,  that  the  sale  of  such  lands  shall  be  at  pri¬ 
vate  sale,  a  notice  shall  be  published  in  the  official  newspaper,  and 
one  other  daily  newspaper  published  in  the  City  and  County,  for 
two  weeks  successively  next  before  the  day  on  or  after  which  the 
sale  is  to  be  made,  and  the  land  and  tenements  to  be  sold  must 
be  described  therein  with  common  certainty.  The  notice  must 
state  a  day  on  or  after  which  the  sale  will  be  made,  and  must  state 
that  all  bids  or  offers  will  be  received  by  the  Mayor  of  the  City 
and  County,  at  his  office.  The  day  last  referred  to  must  be  at 
least  fifteen  days  from  the  first  publication  of  notice;  and  the  sale 
must  not  be  made  before  that  day,  but  must  be  made  within  six 


Article  II.  Chapter  II,  Legislative  Department  19 


months  thereafter.  The  bids  or  offers  must  be  in  writing,  and 
must  be  filed  with  the  Mayor,  at  his  office. 

No  si  le  of  real  estate  at  private  sale  shall  be  confirmed  by  the 
Supervisors  as  hereinafter  provided,  unless  the  sum  offered  shall 
be  at  least  90  per  cent  of  the  appraised  value  thereof,  to  be  fixed 
and  determined  as  next  hereinafter  provided. 

An  appraisement  of  such  lands  shall  be  made  and  filed  with 
the  Supervisors,  within  three  weeks  after  the  final  passage  of  the 
ordinance  hereinbefore  mentioned,  by  the  Mayor,  the  Assessor, 
and  the  chairman  of  the  Finance  Committee  of  the  Supervisors, 
who  are  hereby  constituted  a  board  of  appraisement  for  such  pur¬ 
pose. 

When  a  sale  shall  have  been  made  by  the  Mayor,  at  public  auc¬ 
tion  or  at  private  sale,  as  hereinbefore  provided,  he  shall  require 
from  the  person  to  whom  the  property  is  sold  a  deposit  amount¬ 
ing  to  10  per  cent  of  the  sum  bid.  He  shall  immediately  there¬ 
after,  at  the  next  meeting  of  the  Supervisors,  report  the  fact  of 
such  sale  to  the  Supervisors,  with  a  statement  of  the  sum  bid,  and 
the  name  of  the  bidder,  with  a  request  that  the  Board  confirm 
such  sale. 

The  Clerk  of  the  Supervisors  shall  immediately  thereupon  give 
notice  by  publication  in  the  official  newspaper,  and  one  other  daily 
newspaper  published  in  the  City  and  County,  that  at  a  meeting  of 
the  Supervisors,  to  be  held  not  less  than  twenty,  nor  more  than 
thirty  days,  from  the  first  publication  of  such  notice,  that  such 
sale  has  been  made,  the  amount  for  which  the  property  has  been 
sold,  and  the  name  of  the  purchaser.  Such  notice  shall  also  con¬ 
tain  a  statement  that  at  such  meeting,  if  an  offer  of  10  per  cent 
more  in  amount  than  that  named  in  said  notice  shall  be  made  to 
the  Supervisors,  in  writing,  by  a  responsible  person,  the  Super¬ 
visors  will  confirm  such  sale  to  such  person,  or  order  a  new  sale, 
as  hereinafter  provided. 

At  such  meeting,  if  it  appears  to  the  Supervisors  that  the  sum 
bid  is  not  disproportionate  to  the  value  of  the  property  sold,  and 
that  a  greater  sum  cannot  be  obtained,  or  if  an  increased  bid,  as 
hereinbefore  mentioned,  be  made  and  accepted  the  Board  of  Su¬ 
pervisors  may,  by  an  ordinance,  passed  by  an  affirmative  vote,  of 
at  least  fifteen  of  its  members,  confirm  such  sale,  and  direct  con¬ 
veyances  to  be  executed  by  the  Mayor.  A  certified  copy  of  such 
ordinance  shall  be  recorded  in  the  County  Recorder’s  office  in  the 
County  in  which  the  property  is  situated. 

The  Board  of  Supervisors  may,  in  its  discretion,  confirm  or  re¬ 
fuse  to  confirm  any  sale. 

In  the  event  of  the  refusal1  of  the  Board  of  Supervisors  to  con¬ 
firm  the  sale,  all  proceedings  taken  as  hereinbefore  provided,  for 
the  sale  of  the  lands  shall  be  void  and  of  no  effect. 

If  the  sale  is  confirmed  by  the  Board  of  Supervisors,  convey¬ 
ances  must  thereupon  be  made  by  the  Mayor  to  the  person  to 


20  Charter  of  the  City  and  County  of  San  Francisco 

whom  the  sale  shall  have  been  so  confirmed,  and  shall  be  delivered 
to  him  upon  payment  of  the  balance  of  the  purchase  price.  Such 
conveyances  shall  be  in  the  name  of  the  City  and  County,  and  shall 
be  effective  to  convey  all  the  right,  title  and  interest  of  the  City 
and  County  in  and  to  the  lands  therein  described,  to  the  grantee 
therein  named. — New  section  added  by  amendment  adopted  No¬ 
vember  5  1907,  approved  by  the  Legislature  November  23,  1907 
(. Statutes  Special  Session,  1907,  page  39.) 

CHAPTER  III. 

CONTRACTS. 

Manner  of  Purchasing  Supplies  and  Awarding  of  Contracts. 

Section  1.  All  contracts  for  goods,  merchandise,  stores,  sup¬ 
plies,  subsistence  or  printing  for  the  City  and  County,  as  well  as 
for  all  subsistence,  supplies,  drugs,  and  other  necessary  articles 
for  hospitals,  prisons,  public  institutions  and  other  departments 
not  otherwise  specifically  provided  for  in  this  Charter,  must  be 
made  by  the  Supervisors  with  the  lowest  bidder  offering  adequate 
security,  after  publication  for  not  less  than  ten  days  in  the  official 
newspaper;  and  no  purchase  thereof  or  liability  therefor  shall  be 
made  or  created  except  by  contract. 

.Except  as  otherwise  provided  in  this  Charter,  the  Board  must 
determine  annually  what  goods,  merchandise,  stores,  supplies, 
drugs,  subsistence  and  other  necessary  articles  will  be  needed  by 
the  City  and  County  for  the  ensuing  year,  and  it  shall  have  no 
power  to  purchase  or  to  pay  for  the  same  unless  the  provisions  in 
this  Charter  provided  as  to  competitive  bidding  for  supplies  are 
strictly  followed,  and  no  contract  shall  be  made  for  any  of  the 
same  unless  upon  such  competitive  bidding. 

All  proposals  shall  be  accompanied  with  a  certificate  of  deposit 
or  certified  check  on  a  solvent  bank  in  the  City  and  County  of  ten 
per  centum  on  the  amount  of  the  bid,  payable  at  sight  to  the 
order  of  the  Clerk  of  the  Supervisors.  If  the  bidder  to  whom  the 
contract  is  awarded  shall  for  five  days  after  such  award  fail  or 
neglect  to  enter  into  the  contract  and  file  the  required  bond,  the 
Clerk  shall  draw  the  money  due  on  such  certificate  of  deposit  or 
check  and  pay  the  same  into  the  treasury;  and  under  no  circum¬ 
stances  shall  the  certificate  of  deposit  or  check  or  the  proceeds 
thereof  be  returned  to  such  defaulting  bidder. 

Notices  for  proposals  for  furnishing  the  aforesaid  articles  shall 
mention  said  articles  in  general  and  shall  state  that  the  conditions 
and  schedule  may  be  found  in  the  office  of  the  Clerk  of  the  Board 
of  Supervisors;  and  shall  also  state  that  such  articles  are  to  be 
delivered  at  such  times,  in  such  quantities,  and  in  such  manner, 
as  the  Supervisors  may  designate.  Any  bidder  may  bid  separate¬ 
ly  for  any  article  named.  The  award  as  to  each  article  shall  in 
all  cases  be  made  to  the  lowest  bidder  for  such  article,  and  where 


Article  II,  Chapter  III,  Legislative  Department  21 

a  bid  embraces  more  than  one  article,  the  Supervisors  shall  have 
the  right  to  accept  or  reject  such  bid  or  the  bid  for  any  one  or 
more  articles  embraced  therein.  In  the  case  of  contracts  for  sub¬ 
sistence  of  prisoners  the  advertisement  for  proposals  shall  specify 
each  article  required,  the  quality  thereof,  the  quantity  for  each 
person,  and  the  existing  and  probable  number  of  persons  to  be 
supplied.  No  article  or  articles  provided  for  in  this  section  shall 
have  been  made  in  any  prison.  The  Supervisors  shall  require 
bonds  with  sufficient  sureties  for  the  faithful  performance  of  every 
contract.  The  Clerk  of  the  Supervisors  shall  furnish  printed 
blanks  for  all  such  proposals,  contracts  and  bonds. 

All  bids  shall  be  sealed  and  delivered  by  the  bidder  to  the  Clerk 
of  the  Supervisors,  and  opened  by  the  Board  at  an  hour  and  place 
to  be  stated  in  the  advertisement  for  proposals,  in  the  presence  of 
all  bidders  who  attend,  and  the  bidders  may  inspect  the  bids.  All 
bids  with  alterations  or  erasures  therein  shall  be  rejected.  All 
articles  so  supplied  shall  be  subject  to  inspection  and  rejection  by 
the  Supervisors  and  by  the  person  in  charge  of  the  office,  institu¬ 
tion  or  department  for  which  the  same  are  supplied.  Every  con¬ 
tract  for  work  to  be  performed  for  the  City  and  County  must  pro¬ 
vide  that  in  the  performance  of  the  contract  eight  hours  shall  be 
the  maximum  hours  of  labor  on  any  calendar  day,  and  that  the 
minimum  wages  of  laborers  employed  by  the  contractor  in  the 
execution  of  his  contract  shall  be  two  dollars  a  day.  Any  con¬ 
tract  for  work  to  be  performed  for  the  City  and  County  which 
does  not  comply  with  the  provisions  of  this  section  shall  be  null 
and  void,  and  any  officer  who  shall  sign  the  same  shall  be  deemed 
guilty  of  misfeasance  and  upon  proof  of  such  misfeasance  shall  be 
removed  from  office. 

Contracts  for  Official  Advertising. 

Sec.  2.  All  contracts  for  official  advertising  shall  be  let  an¬ 
nually  in  like  manner  by  the  Supervisors  to  the  lowest  responsible 
bidder  publishing  a  daily  newspaper  in  the  City  and  County  which 
has  a  bona  fide  daily  circulation  of  at  least  eight  thousand  copies, 
and  has  been  in  existence  at  the  time  of  letting  such  contract  for 
at  least  two  years.  In  inviting  proposals  therefor,  such  advertis¬ 
ing  shall  not  be  classified  and  no  proposal  shall  be  acted  upon 
which  offers  to  do  such  advertising  at  different  rates  for  different 
portions  thereof. 

Such  advertising  shall  be  construed  to  mean  the  advertising  and 
publication  of  all  official  reports,  orders,  ordinances,  messages, 
resolutions,  notices  inviting  proposals  and  all  notices  of  every  na¬ 
ture  relating  to  city  work.  No  part  or  kind  of  such  advertising 
shall  be  charged  or  contracted  for  at  a  higher  rate  than  any  other 
part  or  kind  of  the  same  is  charged  or  contracted  for,  except  in 
the  case  of  the  delinquent  tax  list. 

The  newspaper  to  which  the  award  of  such  advertising  is  made 
shall  be  known  and  designated  as  the  “ official  newspaper.” 


22  Charter  of  the  City  and  County  of  San  Francisco 

The  advertising  of  the  delinquent  tax  list  shall  be  let  to  the 
lowest  responsible  bidder  on  a  separate  bidding  from  all  other 
official  advertising. 

No  board;  department  or  officer  shall  make  any  publication 
which  is  not  expressly  authorized  by  this  Charter  or  by  the  Super¬ 
visors. 

Stationery  Supplies. 

Sec.  3.  The  Clerk  of  the  Supervisors  shall  annually,  under  the 
direction  of  the  Supervisors,  advertise  for  proposals  for  supply¬ 
ing  the  various  departments,  officers  and  offices  of  the  City  and 
County  with  all  stationery  and  supplies  in  the  nature  of  station¬ 
ery,  assessment  books,  minute  books,  blank  books  and  the  printing 
of  blanks.  The  contracts  for  stationery  shall1  be  separate  from 
those  for  printing. 

Notice  for  proposals  for  supplies  shall  require  a  greater  or  less 
quantity  to  be  delivered  at  such  times  and  in  such  manner  as  the 
Supervisors  may  designate.  The  advertisement  for  bids  for  paper 
shall  state  the  weight,  quality  and  size  of  the  various  kinds  re¬ 
quired,  and  that  for  printing  shall  enumerate  the  various  letter 
heads,  tax  bills,  tax  receipts,  court  notices,  and  all  blanks,  papers 
and  documents  now  used  or  hereafter  required  in  any  and  all 
departments  of  the  City  and  County,  including  the  forms,  papers 
and  blanks  now  used  or  hereafter  required  by  the  courts  of  the 
City  and  County. 

The  forms  for  all  printing  shall  be  consecutively  numbered,  and 

each  form  and  blank  shall  be  known  as  No. -  (specifying  the 

number).  Such  advertisment  shall  be  published  for  at  least  ten 
days,  and  shall  require  the  bidders  to  state  the  price  at  which 
each  article  will  be  furnished,  printed  or  manufactured,  as  the 
same  may  be  required  from  time  to  time  during  such  period,  and 
the  amount  of  the  bond  that  will  be  required  as  security  for  the 
performance  of  the  contract. 

No  stationery  furnished  to  any  officer  or  department  shall  con¬ 
tain  the  name  or  names  of  the  officer  or  officers  constituting  the 
head  of  the  department  or  board.  The  contract  or  contracts  must 
be  made  with  the  lowest  bidder  offering  adequate  security,  quan¬ 
tity  and  quality  being  considered.  The  Clerk  of  the  Supervisors 
shall  have  rooms  in  the  City  Hall  for  the  custody  of  such  station¬ 
ery.  and  when  purchased  the  same  shall  be  delivered  to  him,  and 
he  shall  issue  and  distribute  the  same  to  the  various  departments 
as  required. 

He  shall  keep  accounts  in  detail,  charging  himself  with  all 
goods  received,  and  crediting  himself  with  the  goods  delivered 
upon  order  or  requisition  as  hereinafter  provided.  When  any  of 
such  supplies  are  required  for  any  department,  the  Clerk  of  the 
Supervisors  shall  issue  the  same  after  the  requisition  for  such 
articles  has  been  made  by  the  head  of  such  department  and  ap¬ 
proved  by  the  Mayor. 


Article  II,  Chapter  III,  Legislative  Department'  23 

All  requisitions  for  printing  shall  be  made  in  a  similar  manner. 
The  Clerk  shall  report  monthly  in  writing  to  the  Supervisors  in 
detail,  the  amount  of  all  paper,  blanks,  books,  stationery  and 
printing  ordered  by  and  delivered  to  any  department  or  officer. 
Collusion  With  Bidder  Constitutes  Misfeasance. 

Sec.  4.  Any  officer  of  the  City  and  County,  or  of  any  depart¬ 
ment  thereof,  who  shall  aid  or  assist  a  bidder  in  securing  a  con¬ 
tract  to  furnish  labor,  material  or  supplies,  at  a  higher  price  or 
rate  than  that  proposed  by  any  other  bidder,  or  who  shall  favor 
one  bidder  over  another,  by  giving  or  withholding  information,  or 
who  shall  wilfully  mislead  any  bidder  in  regard  to  the  character 
of  the  material  or  supplies  called  for,  or  who  shall  knowingly  ac¬ 
cept  materials  or  supplies  of  a  quality  inferior  to  that  called  for 
by  the  contract,  or  who  shall  knowingly  certify  to  a  greater 
amount  of  labor  performed  than  has  been  actually  performed,  or 
to  the  receipt  of  a  greater  amount  or  different  kinds  of  material 
or  supplies  than  has  been  actually  received,  shall  be  deemed  guilty 
of  misfeasance  and  shall  be  removed  from  office. 

Execution,  Signing  and  Registration  of  Contracts. 

Sec.  5.  All  contracts  provided  for  in  this  Chapter  must  be  in 
writing  and  executed  in  the  name  of  the  City  and  County  by  the 
Mayor,  All  such  contracts  must  be  countersigned  by  the  Clerk 
of  the  Supervisors,  and  registered  by  number  and  date  in  a  book 
kept  by  him  for  that  purpose.  When  a  contractor  fails  to  enter 
into  the  contract  awarded  to  him  or  to  perform  the  same,  new 
bids  must  be  invited,  and  a  contract  awarded  as  provided  herein 
in  the  first  instance.  When  the  Supervisors  believe  that  the  prices 
bid  are  too  high,  or  that  bidders  have  combined  to  prevent  com¬ 
petition,  or  that  the  public  interest  will  be  subserved  thereby,  they 
may  reject  any  and  all  bids  and  cause  the  notice  for  proposals  to 
be  re-advertised. 

Lighting  Contracts. 

Sec.  6.  No  contract  for  lighting  streets,  public  buildings, 
places  or  offices,  shall  be  made  for  a  longer  period  than  one  year, 
nor  shall  any  contract  to  pay  for  gas,  electric  light  or  any  illumi¬ 
nating  material  at  a  higher  rate  than  the  minimum  price  charged 
to  any  other  consumer,  be  valid.  Demands  for  lighting  public 
buildings  shall  be  presented  monthly  to  the  board  or  department 
using  or  having  charge  thereof,  and  shall  specify  the  amount  of 
gas,  electric  light  or  illuminating  material  consumed  in  such  build¬ 
ing  during  the  month. 


24  Charter  of  the  City  and  County  of  San  Francisco 

ARTICLE  III. 

FINANCE  AND  TAXATION. 

CHAPTER  I. 

LEVYING  OF  TAXES. 

Estimates  of  Annual  Requirements  in  Each  Department. 

Section  1.  On  or  before  the  first  Monday  of  April  in  each 
year  the  heads  of  departments,  offices,  boards  and  commis¬ 
sions  of  the  City  and  County  shall  send  to  the  Supervisors  an 
estimate  in  writing  of  the  amount  of  expenditure,  specifying  in 
detail  the  objects  thereof,  required  in  their  respective  depart¬ 
ments,  offices,  boards  and  commissions,  ^including  a  statement  of 
the  salaries  of  their  subordinates.  Duplicates  of  these  estimates 
shall  be  sent  at  the  same  time  to  the  Auditor. 

Auditor’s  Annual  Estimate  of  the  City’s  Requirements  and  Revenue. 

Sec.  2.  On  or  before  the  first  Monday  of  May  in  each  year  the 
Auditor  shall  transmit  to  the  Supervisors  an  estimate  of  the 
probable  expenditures  of  the  City  and  County  government  for  the 
next  ensuing  fiscal  year,  stating  the  amount  required  to  meet 
the  interest  and  sinking  funds  for  all  outstanding  funded  debts, 
and  the  wants  of  all  the  departments  of  the  municipal  govern¬ 
ment  in  detail,  and  showing  specifically  the  amount  necessary 
to  be  apportioned  to  each  fund  in  the  treasury ;  also  an  estimate 
of  the  amount  of  income  from  fines,  licenses  and  other  sources  of 
revenue,  exclusive  of  taxes  upon  property,  and  the  probable 
amount  required  to  be  levied  and  raised  by  taxation. 

Supervisors  to  Make  Annual  Budget. 

Sec.  3.  The  Supervisors  shall  meet  annually  between  the  first 
Monday  of  May  and  the  first  Monday  of  June,  and  by  a  vote  of  a 
majority  of  all  the  members  thereof  make  a  budget  of  the  amounts 
estimated  to  be  required  to  pay  the  expenses  of  conducting  the 
public  business  of  the  City  and  County  for  the  next  ensuing  fiscal 
year.  The  budget  shall  be  prepared  in  such  detail  as  to  the  aggre¬ 
gate  sum  and  the  items  thereof  allowed  to  each  department, 
office,  board  or  commission,  as  the  Supervisors  shall  deem  ad¬ 
visable. 

Before  finally  determining  upon  the  budget,  the  Supervisors 
shall  fix  such  sufficient  time  or  times  as  may  be  necessary  to 
allow  the  taxpayers  to  be  heard  in  regard  thereto,  and  the  Super¬ 
visors  shall  attend  at  the  time  or  times  so  appointed  for  such 
hearing. 

Mayor  May  Veto  Items. 

Sec.  4.  Any  item  in  said  budget  may,  within  ten  days,  be  vetoed 
in  whole  or  in  part  by  the  Mayor,  and  it  shall  require  fifteen  votes 
of  the  Supervisors  to  overcome  such  veto.  Action  thereon  must 
be  taken  before  the  last  Monday  of  June. 

After  the  final  estimate  is  made  in  accordance  herewith,  it  shall 
be  signed  by  the  Mayor  and  the  Clerk  of  the  Supervisors,  and  the 


Article  III,  Chapter  I,  Finance  and  Taxation  25 

several  sums  shall  then  be  appropriated  for  the  ensuing  fiscal 
year  to  the  several  purposes  and  departments  therein  named.  The 
estimate  shall  be  filed  in  the  office  of  the  Auditor. 

Annual  Tax  Levy. 

Sec.  5.  The  Supervisors  must  cause  to  be  raised  annually  ac¬ 
cording  to  law,  and  collected  by  tax,  the  amounts  so  appropriated, 
less  the  amounts  received  from  fines,  licenses  and  other  sources 
of  revenue. 

Demands  Upon  the  Treasury. 

Sec.  6.  Except  as  otherwise  provided  in  this  Charter,  no  money 
shall  he  drawn  from  the  treasury  unless  in  consequence  of  appro¬ 
priations  made  by  the  Supervisors  and  upon  warrants  duly  drawn 
thereon  by  the  Auditor. 

Warrants. 

Sec.  7.  No  warrant  shall  be  drawn  except  upon  an  unexhausted 
specific  appropriation. 

Appropriation  for  Urgent  Necessities. 

Sec.  8.  The  Supervisors  may  appropriate  $100,000  a  year  for 
urgent  necessities  not  otherwise  provided  for  by  law.  No  money 
shall  be  paid  out  of  this  appropriation  unless  authorized  by  a 
five-sixths  vote  of  all  the  members  of  the  Board  of  Supervisors, 
and  approved  by  the  Mayor. — As  amended  November  5,  1907,  ap¬ 
proved  by  the  Legislature  November  23,  1907  (Statutes  Special 
Session,  1907,  page  37). 

One-Twelfth  Limit  on  Monthly  Expenditures.  Registration  of  Demands  and 
Agreements. 

Sec.  9.  It  shall  not  be  lawful  for  the  Supervisors,  or  for  any 
board,  department,  officer  or  authority  having  power  to  incur, 
authorize  or  contract  liabilities  against  the  treasury,  to  incur, 
authorize,  allow,  contract  for,  pay  or  render  payable  in  the  present 
or  future,  in  any  one  month,  any  expenditure,  demand  or  demands, 
against  any  appropriation,  which,  taken  with  all  other  expendi¬ 
tures,  indebtedness  or  liability  made  or  incurred  up  to  the  time 
in  such  month  of  making  or  incurring  the  same,  shall  exceed  one- 
twelfth  part  of  the  amount  of  the  appropriation  for  the  fiscal 
year. 

When  any  board,  department  or  officer  having  power  to  incur 
liabilities  against  the  treasury  shall  make  any  agreement  for  ob 
taining  supplies  or  having  labor  performed,  such  department, 
officer  or  board  shall  register  such  agreement  by  number  and 
date,  and  all  demands  arising  under  such  agreement  shall  be  pay¬ 
able  in  the  order  of  such  registration.  Such  department,  board 
or  officer  must  inform  the  person  with  whom  it  is  proposed  to 
make  such  agreement  of  the  amount  of  money  available  or  likely 
to  be  available  in  the  fund  from  which  such  demands  are  payable. 

If,  at  the  beginning  of  any  month,  any  money  remains  unex¬ 
pended  in  any  appropriation  which  might  lawfully  have  been 
expended  during  the  preceding  month,  such  unexpended  sum  or 


26  Charter  of  the  City  and  County  of  San  Francisco 

sums,  except  so  much  thereof  as  may  be  required  to  pay  all  un¬ 
paid  claims  upon  such  appropriation,  may  be  carried  forward  and 
expended  in  any  succeeding  month  of  such  fiscal  year;  but  not 
afterwards,  except  in  payment  of  claims  lawfully  incurred  during 
such  fiscal  year.  Appropriations  provided  to  meet  the  expense 
of  elections;  for  the  support  and  maintenance  of  the  Assessor’s 
and  Tax  Collector’s  departments;  and  for  urgent  necessities,  shall 
be  exempt  from  the  provisions  of  this  section. 

Indorsement  of  Auditor  Upon  Contracts. 

Sec.  10.  No  contracts  made,  the  expense  of  whose  execution 
is  not  provided  by  law  or  ordinance  to  be  paid  by  assessments 
upon  the  property  benefited,  shall  be  binding  or  of  any  force,  un¬ 
less  the  Auditor  shall  indorse  thereon  his  certificate  that  there 
remains  unexpended  and  unapplied  as  herein  provided,  a  balance 
of  the  appropriation  or  fund  applicable  thereto,  sufficient  to  pay 
the  estimated  expense  of  executing  such  contract,  as  certified  by 
the  board  or  officer  making  the  same.  This  provision  shall  not 
apply  to  work  done,  or  supplies  furnished,  involving  the  expendi¬ 
ture  of  less  than  two  hundred  and  fifty  dollars,  unless  the  same 
is  required  by  law  to  be  done  by  contract  at  public  letting.  The 
Auditor  shall  make  such  indorsement  upon  every  such  contract  so 
presented  to  him,  if  there  remains  unapplied  and  unexpended 
such  amount  so  specified  by  the  officer  making  the  contract,  and 
thereafter  shall  hold  and  retain  such  sum  to  pay  the  expense 
incurred  until  the  contract  shall  be  fully  performed.  The  Auditor 
shall  furnish  weekly  to  the  head  of  each  department  a  statement 
of  the  unexpended  balances  of  the  appropriation  for  his  depart¬ 
ment. 

Tax  Levy:  When  Made.  Dollar  Limit. 

Sec.  11.  On  or  before  the  last  Monday  of  June  in  each  year  the 
Supervisors  shall  levy  the  amount  of  taxes  for  City  and  County 
purposes  required  to  be  levied  upon  all  property  not  exempt  from 
taxation.  The  amount  shall  be  sufficient  to  provide  for  the  pay¬ 
ment  during  the  fiscal  year  of  all  demands  upon  the  treasury 
authorized  to  be  paid  out  of  the  same;  but  such  levy,  exclusive 
of  the  State  tax  and  the  tax  to  pay  the  interest  and  maintain  the 
sinking  funds  of  the  bonded  indebtedness  of  the  City  and  County, 
and  exclusive  of  the  tax  to  pay  for  the  maintenance  and  improve¬ 
ment  of  the  parks,  squares  and  public  grounds  of  the  City  and 
County,  shall  not  exceed  the  rate  of  one  dollar  on  each  one  hun¬ 
dred  dollars  valuation  of  the  property  assessed.  The  Supervisors 
in  making  the  levy  shall  apportion  the  taxes  to  the  several  funds. 
Apportionment  of  Revenue. 

Sec.  12.  In  making  the  apportionment  the  Supervisors  shall 
take  into  account  and  apportion  to  the  several  funds  the  income 
and  revenue  estimated  to  arise  during  the  fiscal  year  from  licenses, 
fees,  and  other  sources,  but  the  income  to  pay  the  interest  on  the 


Article  III,  Chapter  I,  Finance  and  Taxation  27 

bonded  indebtedness  and  to  provide  for  the  sinking  funds  shall 
always  be  provided  for  out  of  the  tax  on  property;  provided , 
that  whenever  any  bonded  indebtedness  shall  have  been  incurred 
for  the  accpiisition  of  any  of  the  public  utilities  named  in  Article 
XII  of  this  Charter,  the  surplus  earnings  of  any  such  utility  for  the 
fiscal  year  may  be  applied  upon  the  interest  and  sinking  fund  of 
the  bonded  indebtedness  of  such  utility  for  the  succeeding  fiscal 
year. — As  amended  November  5,  1907,  approved  by  the  Legisla¬ 
ture  November  23,  1907  (Statutes  Special  Session,  1907,  page  35). 
Temporary  Suspension  of  Dollar  Limit.  Liabilities  That  Are  Prohibited. 

Sec.  13.  The  limitation  in  section  eleven  of  this  Chapter  upon 
the  rate  of  taxation  shall  not  apply  in  case  of  any  great  necessity 
or  emergency.  In  such  case  the  limitation  may  be  temporarily 
suspended  so  as  to  enable  the  Supervisors  to  provide  for  such 
necessity  or  emergency.  No  increase  shall  be  made  in  the  rate 
of  taxation  authorized  to  be  levied  in  any  fiscal  year,  unless  such 
increase  be  authorized  by  ordinance  passed  by  the  unanimous 
vote  of  the  Supervisors  and  approved  by  the  Mayor.  The  char¬ 
acter  of  such  necessity  or  emergency  shall  be  recited  in  the  ordi¬ 
nance  authorizing  such  action,  and  be  entered  in  the  Journal1  of 
the  Board. 

Nothing  in  this  section  shall  authorize  the  incurring  of  liabili¬ 
ties  against  the  treasury  not  allowed  by  law,  or  which  cannot  be 
paid  out  of  the  income  and  revenue  provided,  collected  and  paid 
into  the  proper  fund  as  its  proportion  of  the  same  for  such  fiscal 
year,  or  permit  liabilities  or  indebtedness  incurred  in  any  one 
fiscal  year  to  be  a  charge  upon  or  paid  out  of  the  income  or  rev¬ 
enue  of  any  other  fiscal  year. 

Municipal  Revenues  and  Bonds. 

Sec.  14.  The  Supervisors  shall  fix  the  amount  of  municipal  rev¬ 
enues  and  provide  for  the  collection  thereof.  They  shall  from 
time  to  time  provide  for  the  payment  of  the  interest  and  principal 
of  the  bonds  for  which  the  City  and  County  is  liable. 

Disbursements. 

Sec.  15.  The  Supervisors  shall  authorize  the  disbursement  of 
all  public  moneys,  except  as  otherwise  specifically  provided  in  this 
Charter. 

Surplus  Moneys  to  Surplus  Fund. 

Sec.  16.  At  the  close  of  each  fiscal  year,  if  all  demands  against 
each  fund  have  been  paid  or  satisfied,  and  Rll  disputed  or  con¬ 
tested  demands  finally  adjudicated,  the  Supervisors  shall  direct 
the  Treasurer  to  transfer  all  surplus  moneys  to  a  fund  to  be  called 
the  Surplus  Fund,  except  such  surplus  moneys  as  are  in  the  sev¬ 
eral  interest  and  sinking  funds,  in  the  Common  School  Fund,  in 
the  Park  Fund,  the  Library  Fund,  the  Police  Relief  and  Pension 
Fund,  in  the  Firemen’s  Relief  and  Pension  Fund,  and  in  such 
other  funds  the  disposition  of  whose  surplus  moneys  is  in  this 
Charter  otherwise  provided  for. 


28  Charter  of  the  City  and  County  of  San  Francisco 


.  CHAPTER  II. 

THE  SEVERAL  FUNDS. 

Separate  Funds.  No  Division. 

Section  1.  The  income  and  revenue  paid  into  the  treasury 
shall  be  at  once  apportioned  to  and  kept  in  separate  funds.  It 
shall  not  be  lawful  to  transfer  money  from  one  fund  to  another  or 
to  use  the  same  in  payment  of  demands  upon  another  fund.  The 
provisions  of  this  section  shall  not  apply  to  fees  paid  into  the 
treasury  and  placed  temporarily  to  the  credit  of  the  Unappor¬ 
tioned  Fee  Fund  under  the  provisions  of  Chapter  III  of  this  Arti¬ 
cle.  ,  :  _  { 

Designation  of  the  Several  Funds. 

Sec.  2.  The  several  funds  in  the  treasury  authorized  by  law  at 
the  time  this  Charter  takes  effect,  or  provided  for  by  this  Charter, 
shall  continue  therein  so  long  as  there  shall  be  occasion  therefor; 
and  the  moneys  therein,  or  which  may  belong  thereto,  shall  not 
be  used  for  any  purpose  other  than  that  for  which  the  same  were 
raised  except  as  otherwise  provided  in  this  Charter. 

The  General  Fund  shall  consist  of  moneys  received  into  the 
treasury  and  not  specially  appropriated  to  any  other  fund. 

The  Park  Fund  shall  consist  of  the  moneys  annually  appor¬ 
tioned  to  said  Fund  by  virtue  of  the  tax  provided  for  in  this 
Charter  for  the  maintenance,  preservation  and  improvement  of 
the  parks,  squares,  avenues  and  public  grounds  of  the  City  and 
County;  of  all  moneys  accruing  from  rents  of  buildings  under 
the  jurisdiction  of  the  Park  Commissioners;  and  of  all  moneys 
coming  into  the  hands  of  said  Commissioners  whether  from  dona¬ 
tions  or  otherwise.  Out  of  said  Fund  shall  be  paid  all  the  ex¬ 
penses  of  every  kind  for  the  preservation,  maintenance  and  im¬ 
provement  of  the  parks,  squares,  avenues  and  public  grounds  of 
the  City  and  County. 

The  Library  Fund  shall  consist  of  the  moneys  annually  appor¬ 
tioned  to  said  Fund  by  virtue  of  the  tax  provided  for  in  this  Char¬ 
ter  for  the  maintenance  of  Library  and  Reading  Rooms,  and  the 
purchase  of  books  therefor.  Out  of  said  Fund  shall  be  paid  all 
the  expenses  necessary  to  the  maintenance  of  such  Library  and 
Reading  Rooms  and  the  purchase  of  books  therefor. 

Surplus  Fund  and  Purposes  for  Which  It  May  Be  Used. 

Sec.  3.  The  Surplus  Fund  shall  consist  of  the  moneys  remain¬ 
ing  at  the  end  of  any  fiscal  year  in  any  other  funds  (except  the 
Common  School  Fund  and  the  other  funds  by  this  Charter  other¬ 
wise  expressly  provided  for)  after  all  valid  demands,  indebtedness 
and  liabilities  against  said  funds  incurred  within  such  fiscal  year 
have  been  paid  and  discharged;  provided,  that  all  disputed  or 
contested  claims  payable  out  of  such  funds  have  been  finally  ad¬ 
judicated. 

The  Surplus  Fund  shall  be  used  for  the  purposes  and  in  the 
order  following : 


Article  III,  Chapter  II,  Finance  and  Taxation  29 

1.  In  payment  of  any  final  judgment  against  the  City  and 
County. 

2.  In  liquidation  and  extinguishment,  under  such  regulations 
as  the  Supervisors  may  adopt,  of  any  outstanding  funded  debt  of 
the  City  and  County. 

3.  To  be  carried  over  and  apportioned  among  the  funds  and 
used  in  the  ensuing  fiscal  year  as  part  of  the  income  and  revenue 
thereof. 

Special  Deposit  Fund. 

Sec.  4.  The  Special  Deposit  Fund  shall  consist  of : 

1.  All  moneys  paid  into  court  and  deposited  with  the  Treas¬ 
urer  by  the  County  Clerk. 

2.  All  moneys  received  by  the  Public  Administrator  and  de¬ 
posited  by  him  with  the  Treasurer. 

3.  All  moneys  deposited  with  the  Treasurer  on  special  deposit. 

The  moneys  in  the  Special  Deposit  Fund  shall  be  paid  out  in  the 

manner  prescribed  by  law. 

Funds  to  Be  Carried  Forward. 

Sec.  5.  Except  as  otherwise  provided  in  this  Charter  any . 
moneys  remaining  at  the  end  of  the  fiscal  year  in  any  interest  and 
sinking  fund  or  a  fund  provided  by  a  special  bond  issue  for  a 
specific  purpose,  the  Common  School  Fund,  the  Park  Fund,  the 
Library  Fund,  the  Firemen’s  Relief  and  Pension  Fund,  Police 
Relief  and  Pension  Fund,  and  the  Public  Building  Fund  shall  be 
carried  forward  and  apportioned  to  said  respective  funds  for  the 
ensuing  fiscal  year. 

Payment  of  Unpaid  Demands. 

Sec.  6.  Any  demand  against  the  treasury  or  against  any  fund 
thereof  remaining  unpaid  at  the  end  of  the  fiscal  year  for  lack  of 
money  applicable  to  its  payment,  may  be  paid  out  of  any  monej^ 
which  may  subsequently  come  into  the  proper  fund  from  delin¬ 
quent  taxes  or  other  uncollected  income  or  revenue  for  such  year. 
Such  demands  shall  be  paid  out  of  such  delinquent  revenue,  when 
collected,  in  the  order  of  their  registration. 

Redemption  of  Outstanding  Bonds. 

Sec.  7.  When  there  shall  be  to  the  credit  of  any  sinking  fund 
in  the  treasury  a  sum  not  less  than  twenty  thousand  dollars  which 
may  be  applied  to  the  redemption  of  any  outstanding  bonds  to 
which  such  fund  is  applicable,  which  are  not  redeemable  before 
their  maturity,  it  shall  be  the  duty  of  the  Mayor,  Auditor  and 
Treasurer  to  advertise  for  thirty  days,  inviting  proposals  for  the 
surrender  and  redemption  of  the  bonds. 

.  After  such  advertisement  the  money  in  such  Sinking  Fund,  or 
such  portion  thereof  as  may  be  required  therefor,  shall  be  awarded 
to  the  person  or  persons  offering  to  surrender  said  bonds  for  the 
lowest  price.  Upon  such  award,  when  duly  audited,  the  Treasurer 
shall,  upon  the  surrender  of  the  bonds,  pay  the  amount  to  the 


30  Charter  of  the  City  and  County  of  San  Francisco 

person  or  persons  to  whom  the  same  was  awarded.  No  bid  for 
the  surrender  of  any  of  the  bonds  shall  be  accepted  which  shall 
require  a  greater  sum  of  money  for  their  redemption  than  the 
then  worth  of  the  principal  and  interest  of  the  bonds,  calculated 
with  interest,  not  exceeding  four  per  centum  per  annum. 

CHAPTER  III. 

THE  CUSTODY  OF  PUBLIC  MONEYS. 

All  Moneys  to  Be  Paid  Into  the  Treasury.  Disbursement. 

Section  1.  All  moneys  arising  from  taxes,  licenses,  fees,  fines, 
penalties  and  forfeitures,  and  all  moneys  which  may  be  collected 
or  received  by  any  officer  of  the  City  and  County,  or  any  depart¬ 
ment  thereof,  in  his  official  capacity,  for  the  performance  of  any 
official  duty,  and  all  moneys  accruing  to  the  City  and  County 
from  any  source,  and  all  moneys  directed  by  law  or  this  Charter 
to  be  paid  or  deposited  in  the  treasury,  shall1  be  paid  into  the 
treasury.  All  officers  or  persons  collecting  or  receiving  such 
mone}rs  must  pay  the  same  into  the  treasury.  No  officer  or  person 
other  than  the  Treasurer  shall  pay  out  or  disburse  such  moneys, 
or  any  part  thereof,  upon  any  allowance,  claim  or  demand. 

No  Fees  Allowed  to  Salaried  Officers  or  Employees. 

Sec.  2.  Salaried  officers  shall  not  receive  nor  accept  any  fee, 
payment,  or  compensation,  directly  or  indirectly,  for  any  services 
performed  by  them  in  their  official  capacity,  nor  any  fee,  payment, 
or  compensation,  for  any  official  service  performed  by  any  of  their 
deputies,  clerks,  or  employees,  whether  performed  during  or  after 
official  business  hours.  No  deputy,  clerk,  or  employee  of  such 
officers  shall  receive  or  accept  any  fee,  compensation  or  payment, 
other  than  his  salary  as  now  or  hereafter  fixed  by  law,  for  any 
work  or  service  performed  by  him  of  any  official  nature,  or  under 
color  of  office,  whether  performed  during  or  after  official  business 
hours. 

All  Fees  to  Be  Paid  to  Treasurer. 

Sec.  3.  Every  fee,  commission,  percentage,  allowance,  or  other 
compensation  authorized  by  law  to  be  charged,  received,  or  col¬ 
lected  by  any  officer  for  any  official  service,  must  be  paid  by  the 
officer  receiving  the  same  to  the  Treasurer  in  the  manner  herein 
provided. 

Daily  Delivery  of  Fees  to  Treasurer. 

Sec.  4.  It  shall  be  the  duty  of  every  officer  authorized  by  law 
to  charge,  receive  or  collect  any  fee,  commission,  percentage,  al¬ 
lowance,  or  compensation  for  the  performance  of  any  official  ser¬ 
vice  or  duty  of  any  kind  or  nature,  or  rendered  in  any  official 
capacity,  or  by  reason  of  any  official  duty  or  employment,  to  de¬ 
liver  the  same  to  the  Treasurer  at  the  expiration  of  each  business 
day.  The  Treasurer  shall  thereupon  deliver  to  such  officer  a  re¬ 
ceipt  for  the  money  so  paid,  which  shall  show  the  amount  of  money 


Article  III,  Chapter  III,  Finance  and  Taxation  31 

received,  the  day  and  hour  when  paid,  the  name  of  the  officer 
paying  the  same,  the  nature  of  the  service  performed,  and  the 
name  and  official  designation  of  the  person  by  whom  the  service 
was  performed;  and  like  entries  shall1  be  made  upon  the  stub  of 
such  receipt,  which  shall  be  kept  by  the  Treasurer.  The  Treas¬ 
urer  shall  place  all  such  moneys  in  a  fund  to  be  designated  the 
“Unapportioned  Fee  Fund,”  which  is  hereby  created,  and  shall 
keep  such  fund  as  other  funds  in  the  treasury  are  kept,  and  shall 
be  liable  on  his  official  bond  for  all  mone}^  so  received. 

Official  Receipts. 

Sec.  5.  The  Auditor  or  other  proper  officer  must  prepare  and 
deliver  from  time  to  time  to  the  Treasurer,  and  to  every  officer 
authorized  by  law  to  charge  any  fee.  commission,  percentage, 
allowance,  or  compensation,  for  the  performance  of  any  official 
service  or  duty,  as  many  official  receipts  as  may  be  required, 
charging  therewith  the  Treasurer  or  other  officer  receiving  them. 
Such  official  receipts  must  be  bound  into  books  containing  not  less 
than  one  hundred  such  receipts,  and  numbered  consecutively,  be¬ 
ginning  with  number  one  in  each  class  required  for  each  officer 
for  each  fiscal  year,  and  provided  with  a  stub  corresponding  in 
number  with  receipt.  When  the  books  containing  receipts  are 
exhausted  by  the  officer  receiving  them,  he  shall  return  the  stubs 
thereof  to  the  Auditor  or  other  proper  officer,  in  whose  custody 
they  shall  remain  thereafter. 

Treasurer’s  Receipts. 

Sec.  6.  When  a  receipt,  as  herein  provided,  is  issued  by  the 
Treasurer,  he  must  state  therein  the  date  of  payment,  the  name  of 
the  person  making  the  payment,  the  amount  of  such  payment,  the 
nature  of  the  service  for  which  the  charge  is  made,  and  the  name 
and  official  designation  of  the  officer  performing  the  service,  and 
shall  make  corresponding  entries  on  the  stub  of  each  receipt. 
Receipts  of  Other  Officers. 

Sec.  7.  When  any  receipt  is  issued  by  any  officer  other  than  the 
Treasurer  as  herein  provided,  he  shall  state  therein  the  day  and 
hour  of  the  delivery  to  him  of  the  Treasurer’s  receipt,  the  nature 
of  the  service  therein  describerl,  and  the  amount  charged  therefor, 
and  the  name  of  the  person  by  whom  such  receipt  is  delivered  to 
him,  and  shall  make  corresponding  entries  on  the  stub  to  which 
such  receipt  is  attached. 

Treasurer’s  Monthly  Report. 

Sec.  8.  On  the  first  day  of  each  month  the  Treasurer  must  make 
to  the  Auditor  a  report  under  oath  of  all  moneys  received  by  him 
during  the  preceding  month,  showing  the  date  and  number  of 
the  receipt  on  which  the  money  was  received,  the  amount  of  each 
payment,  by  whom  paid,  the  nature  of  the  service,  and  the  name 
and  official  designation  of  the  officer  performing  the  service.  At 
the  same  time,  or  oftener,  if  required  by  the  Auditor,  the  Treas- 


32  Charter  of  the  City  and  County  of  San  Francisco 

urer  shall  exhibit  to  the  Auditor  all  official  receipts  received  by 
him  during  the  previous  month,  and  all  official  receipts  remaining 
in  his  hands,  unused  or  not  issued,  at  the  close  of  business  on  the 
last  day  of  the  preceding  month. 

Monthly  Reports  and  Exhibits  of  Officers. 

Sec.  9.  On  the  first  day  of  each  month  every  officer  authorized 
by  law  to  charge  any  fee,  commission,  percentage,  allowance  or 
compensation,  must  make  to  the  Auditor  a  report  under  oath  of 
all  official  receipts  issued  by  him  during  the  preceding  month, 
showing  the  date  and  number  of  each  receipt,  to  whom  issued,  the 
nature  of  the  service  for  which  the  charge  was  made,  and  the 
amount  of  such  charge ;  and  must  at  the  same  time,  or  oftener,  if 
required,  exhibit  to  the  Auditor,  or  other  proper  officer,  all  the 
Treasurer’s  receipts  deposited  with  him  during  the  preceding 
month,  and  all  receipts  remaining  in  his  hands,  unused  or  Hot 
issued,  at  the  close  of  business  on  the  last  day  of  each  preceding 
month. 

Settlement  of  Accounts. 

Sec.  10.  Upon  receiving  the  reports  prescribed  by  sections 
eight  and  nine  of  this  Chapter,  the  Auditor  shall  examine  and  set¬ 
tle  the  accounts  of  each  officer,  and  apportion  such  moneys  to  the 
fund  or  funds  to  which  they  are  appropriated  by  law,  and  certify 
such  apportionment  to  the  Treasurer,  who  shall  thereupon  trans¬ 
fer  from  the  “ Unapportioned  Fee  Fund”  the  amounts  so  certified, 
and  credit  each  fund  entitled  thereto  with  the  proper  amount  so 
apportioned. 

Mileage.  Monthly  Statements. 

Sec.  11.  Every  officer  who  is  by  law  allowed  to  charge  and 
collect  mileage  for  the  service  of  process,  or  other  like  service, 
shall  at  the  end  of  each  month,  prepare  and  deliver  to  the  Auditor 
a  statement  showing  each  process  served,  the  title  of  the  cause, 
the  name  of  the  deputy  or  other  subordinate  officer  who  made  the 
service,  the  number  of  miles  actually  traveled  in  making  such 
service,  the  exact  day  when  such  service  was  made,  and  between 
what  hours  of  the  day,  and  such  statement  shall  be  verified  by  the 
oath  of  such  officer.  The  Auditor  shall  examine  such  statement, 
and  issue  his  warrant  upon  the  Treasurer  for  such  amount  of 
money  as  will  reimburse  such  officer  for  his  lawful  expenses  in 
making  such  service.  Such  warrant  shall  be  paid  by  the  Treas¬ 
urer,  without  further  approval,  out  of  the  “ Unapportioned  Fee 
Fund.”  No  extra  mileage  shall  be  charged  or  allowed  for 
service  of  two  or  more  processes  served  on  the  same  trip  by  the 
same  deputy  or  deputies,  except  for  extra  mileage  actually  trav¬ 
eled  in  serving  additional1  process.  All  mileage  charged  in  viola¬ 
tion  of  this  section  shall1  be  disallowed  by  the  Auditor,  and  all 
amounts  disallowed  for  any  reason  shall1  be  apportioned  as  other 
moneys  in  the  “Unapportioned  Fee  Fund.” 


Article  III,  Chapter  III,  Finance  and  Taxation 


33 


Employment  of  Extra  Assistants. 

Sec.  12.  When  an  officer,  legally  authorized  to  employ  a  per¬ 
son  other  than  one  of  his  deputies  or  assistants  at  a  stated  com¬ 
pensation  fixed  law,  has  employed  such  person,  and  in  pursu¬ 
ance  of  such  employment  such  person  has  rendered  the  service 
for  which  he  was  employed,  such  officer  shall,  at  the  end  of  each 
month,  prepare  and  deliver  to  the  Auditor  a  statement  verified 
by  the  oath  of  such  officer,  showing  the  case  or  instance  in  which 
such  service  was  performed,  for  whom  performed,  the  name  of  the 
person  so  employed,  by  whom  the  service  was  performed,  the 
amount  of  the  charge  therefor,  the  time  actually  employed  in  per¬ 
forming  such  service,  and  the  dates  of  the  beginning  and  ending 
of  the  period  during  which  such  person  was  so  employed.  The 
Auditor  shall  thereupon  examine  such  statement,  and  if  he  finds 
the  same  correct,  he  shall  audit  and  allow  the  verified  demand  of 
such  person  so  employed  and  performing  the  service  for  the  sum 
or  sums  so  earned  by  him  for  such  service,  and  the  Treasurer 
shall  pay  such  demand  so  audited  and  allowed,  without  further 
approval,  out  of  the  ‘‘Unapportioned  Fee  Fund.” 

Allowance  of  Salaries  Fixed  "by  Law.  Demands  Against  Common  School 
Fund. 

Sec.  13.  The  demand  of  the  Auditor  for  his  monthly  salary 
shall  be  audited  and  allowed  by  the  Mayor.  All  other  demands 
on  account  of  salaries  fixed  by  law,  ordinance,  or  this  Charter,  and 
made  payable  out  of  the  treasury,  may  be  allowed  by  the  Auditor 
without  any  previous  approval.  All  demands  payable  out  of  the 
Common  School  Fund  must,  before  they  can  be  allowed  or  paid, 
be  previously  approved  by  the  Board  of  Education.  Demands 
payable  out  of  the  treasury  for  salaries,  wages,  or  compensation 
of  deputies,  clerks,  assistants,  or  employees,  in  any  office  or  de¬ 
partment,  must,  before  they  can  be  audited  or  paid,  be  first  ap¬ 
proved  in  writing  by  the  officer,  board,  department  or  authority 
under  whom,  or  in  which,  such  demand  originated.  All  other  de¬ 
mands  pajmble  out  of  any  funds  in  the  treasury,  must,  before  they 
can  be  allowed  by  the  Auditor,  or  recognized,  or  paid,  be  first 
approved  by  the  department,  board  or  officer,  in  which  the  same 
has  originated,  and  in  all  such  cases  must  be  approved  by  the 
Supervisors. 

Every  demand  against  the  City  and  County  shall,  in  addition 
to  the  other  entries  and  indorsements  upon  the  same  required  by 
this  Charter,  show:  1.  The  ordinance  or  authorization  under 
which  the  same  was  allowed.  2.  The  name  of  the  board,  depart¬ 
ment  or  authority  authorizing  the  same.  3.  The  fiscal  year 
within  which  the  indebtedness  was  incurred.  4.  The  appropria¬ 
tion  provided  to  meet  the  demand.  5.  The  name  of  the  specific 
fund  out  of  which  the  demand  is  payable.  Each  demand  shall 
have  written  or  printed  upon  it  a  statement  that  the  same  can 
only  be  paid  out  of  the  income  and  revenue  provided,  collected 


34  Charter  of  the  City  and  County  of  San  Francisco 

and  paid  into  the  proper  specific  fund  in  the  treasury  for  the 
fiscal  year  within  which  the  indebtedness  was  incurred,  and  shall 
refer  to  Chapter  II  of  this  Article,  and  be  numbered  with  refer¬ 
ence  to  the  fund  out  of  which  it  is  payable. 

Sec.  14.  Whenever  any  person  has,  or  has  received,  moneys 
or  other  personal  property  belonging  to  the  City  and  County,  or 
has  been  intrusted  with  the  collection,  management  or  disburse¬ 
ment  of  any  moneys,  bonds,  or  interest  accruing  therefrom,  be¬ 
longing  to  or  held  in  trust  by  the  City  and  County,  and  fails  to 
render  an  account  thereof  to,  and  make  settlement  with,  the 
Treasurer  within  the  time  prescribed  by  law;  or,  when  no  par¬ 
ticular  time  is  specified,  fails  to  render  such  account  and  make 
such  settlement,  or  who  fails  to  pay  into  the  treasury  any  moneys 
belonging  to  the  City  and  County  upon  being  required  to  do  so 
by  the  Auditor,  within  twenty  days  after  such  requisition,  the 
Auditor  must  state  an  account  with  such  person,  charging  twenty- 
five  per  centum  damages,  and  interest  at  the  rate  of  ten  per  cen¬ 
tum  per  annum  from  the  time  of  such  failure. 

A  copy  of  such  account  in  any  suit  therein  is  prima  facie  evi¬ 
dence  of  the  things  therein  stated.  In  case  the  Auditor  cannot 
for  want  of  information  state  an  account,  he  may  in  any  action 
brought  by  him  aver  that  fact,  and  allege  generally  the  amount 
of  money  or  other  property  which  is  due  to  or  which  belongs  to 
the  City  and  County.  The  City  Attorney  must  prosecute  all  ac¬ 
tions  that  may  be  brought  under  this  section  within  ten  days 
after  notification  by  the  Auditor. 

CHAPTER  IV. 

PAYMENT  OF  CLAIMS. 

Monthly  Payment  of  Salaries.  Limitation  Upon  Demands.  Revival  of 
Claims. 

Section  1.  The  salaries  and  compensation  of  all  officers,  in¬ 
cluding  policemen  and  employees  of  all  classes,  and  all  teachers 
in  the  public  schools,  and  others  employed  at  fixed  wages,  shall 
be  payable  monthly.  Any  demand  upon  the  treasury  accruing 
under  this  Charter  shall  not  be  paid,  but  shall  be  forever  barred 
by  limitation  of  time,  unless  the  same  be  presented  for  payment, 
properly  audited,  within  one  month  after  such  demand  became 
due  and  payable ;  or,  if  it  be  a  demand  which  must  be  passed  and 
approved  by  the  Supervisors  or  Board  of  Education,  or  by  any 
other  Board,  then  within  one  month  after  the  first  regular  meet¬ 
ing  of  the  proper  Board  held  next  after  the  demand  accrued ;  or; 
unless  the  Supervisors  shall,  within  six  months  after  the  demand 
accrued  as  aforesaid,  on  a  careful  examination  of  the  facts,  re¬ 
solve  that  the  same  is  in  all  respects  just  and  legal,  and  the  pres¬ 
entation  of  it,  as  above  required,  was  not  in  the  power  either  of 
the  original  party  interested  or  his  agent,  or  the  present  holder; 


Article  IV,  Chapter  I,  Executive  Department  35 

in  which  case  they  may  by  ordinance  revive  such  claim;  but  it 
shall  be  barred  in  the  same  manner  unless  presented  for  payment 
within  twenty  days  thereafter.  No  valid  demand  arising  subse¬ 
quent  to  the  claim  which  may  be  revived  as  aforesaid  shall  be 
rendered  invalid  by  reason  of  such  revival  exhausting  the  fund 
out  of  which  subsequent  claims  might  otherwise  be  paid.  Such 
revived  claim  shall  take  rank  as  of  the  day  of  its  revival. 


ARTICLE  IV. 

EXECUTIVE  DEPARTMENT. 

CHAPTER  I. 

THE  MAYOR. 

Qualifications.  Term.  Salary.  Appointees  in  His  Office.  Salaries. 

Section  1.  The  chief  executive  officer  of  the  City  and  County 
shall  be  designated  the  Mayor.  He  shall  be  an  elector  of  the  City 
and  County  at  the  time  of  his  election,  and  must  have  been  such 
for  at  least  five  years  next  preceding  such  time.  He  shall  be  elect¬ 
ed  by  the  people  and  hold  office  for  two  years.  He  shall  receive 
an  annual  salary  of  six  thousand  dollars.  He  may  appoint  a 
Secretary,  who  shall  receive  an  annual  salary  of  twenty-four  hun¬ 
dred  dollars ;  an  usher,  who  shall  receive  an  annual  salary  of  nine 
hundred  dollars  ;  and  a  stenographer  and  type-writer,  who  shall 
receive  an  annual  salary  of  nine  hundred  dollars.  All  of  said  ap¬ 
pointees  shall  hold  their  positions  at  the  pleasure  of  the  Mayor. 
Mayor’s  Duties. 

Sec.  2.  The  Mayor  shall  vigilantly  observe  the  official  conduct 
of  all  public  officers  and  the  manner  m  which  they  execute  their 
duties  and  fulfil]  their  obligations.  The  books,  records  and  official 
papers  of  all  departments,  officers  and  persons  in  the  employ  of 
the  City  and  County  shall  at  a]l  times  be  open  to  his  inspection 
and  examination.  He  shall  take  special  care  that  the  books  and 
records  of  all  departments,  boards,  officers  and  persons  are  kept 
in  legal  and  proper  form.  When  any  official  defalcation  or  wilful 
neglect  of  duty  or  official  misconduct  shall  come  to  his  knowl¬ 
edge,  he  shall  suspend  the  delinquent  officer  or  person  from  office 
pending  an  official  investigation. 

The  Mayor  shall  from  time  to  time  recommend  to  the  proper 
officers  of  the  different  departments  such  measures  as  he  may 
deem  beneficial  to  public  interest.  He  shall  see  that  the  laws  of 
the  State  and  ordinances  of  the  City  and  County  are  observed  and 
enforced.  He  shall  have  a  general  supervision  over  all  the  de¬ 
partments  and  public  institutions  of  the  City  and  County,  and  see 
that  they  are  honestly,  economically  and  lawfully  conducted,  and 
shall  have  the  right  to  attend  the  meetings  of  any  of  the  Boards 
provided  for  in  this  Charter,  and  offer  suggestions  at  such  meet- 


36  Charter  of  the  City  and  County  of  San  Francisco 

ings.  He  shall  take  all  proper  measures  for  the  preservation  of 
public  order  and  the  suppression  of  all  riots  and  tumults,  for 
which  purpose  he  may  use  and  command  the  police  force,  If  such 
police  force  is  insufficient,  he  shall  call  upon  the  Governor  for 
military  aid  in  the  manner  provided  by  law,  so  that  such  riots  or 
tumults  may  be  promptly  and  effectually  suppressed. 

Execution  of  Public  Contracts  and  Agreements.  Actions  to  Annul  Forfeited 
Franchises.  Postpone  Franchises. 

Sec.  3.  The  Mayor  shall  see  that  all  contracts  and  agreements 
with  the  City  and  County  are  faithfully  kept  and  fully  performed. 
It  shall  be  the  duty  of  every  officer  and  person  in  the  employ  or 
service  of  the  City  and  County,  when  it  shall  come  to  his  knowl¬ 
edge  that  any  contract  or  agreement  with  the  City  and  County, 
or  with  any  officer  or  department  thereof,  or  relating  to  the  busi¬ 
ness  of  any  office,  has  been  or  is  about  to  be  violated  by  the  other 
contracting  party,  forthwith  to  report  to  the  Mayor  all  facts  and 
information  within  his  possession  concerning  such  matter.  A  wil¬ 
ful  failure  to  do  so  shall  be  cause  for  the  removal  of  such  officer 
or  employe.  The  Mayor  shall  give  a  certificate  on  demand  to 
any  person  reporting  such  facts  and  information  that  he  has  done 
so,  and  such  certificate  shall  be  evidence  in  exoneration  from  a 
charge  of  neglect  of  duty. 

The  Mayor  must  institute  such  actions  or  proceedings  as  may 
be  necessary  to  revoke,  cancel  or  annul  all  franchises  that  may 
have  been  granted  by  the  City  and  County  to  any  person,  com¬ 
pany  or  corporation  which  have  been  forfeited  in  whole  or  in  part 
or  which  for  any  reason  are  illegal  and  void  and  not  binding  upon 
the  city.  The  City  Attorney,  on  demand  of  the  Mayor,  must  insti¬ 
tute  and  prosecute  the  necessary  actions  to  enforce  the  provisions 
of  this  section. 

The  Mayor  shall  have  power  to  postpone  final  action  on  any 
franchise  that  may  be  passed  by  the  Supervisors  until  such  pro¬ 
posed  franchise  shall  be  ratified  or  rejected  by  a  majority  of  the 
votes  cast  on  the  question  at  the  next  election. 

Officers  and  Vacancies  Not  Frovided  in  Charter. 

Sec.  4.  The  Mayor  shall  appoint  all  officers  of  the  City  and 
County  whose  election  or  appointment  is  not  otherwise  specially 
provided  for  in  this  Charter  or  by  law.  When  a  vacancy  occurs 
in  any  office,  and  provision  is  not  otherwise  made  in  this  Charter 
or  by  law  for  filling  the  same,  the  Mayor  shall  appoint  a  suitable 
person  to  fill  such  vacancy,  who  shall  hold  office  for  the  remainder 
of  the  unexpired  term. 

Ex-Officio  President  of  Supervisors. 

Sec.  5.  The  Mayor  shall  be  President  of  the  Board  of  Super¬ 
visors  by  virtue  of  his  office.  He  may  call  extra  sessions  of  the 
Board,  and  shall  communicate,  to  them  in  writing  the  objects  for 
which  they  have  been  convened ;  and  their  acts  at  such  sessions 
shall  be  confined  to  such  objects. 


Article  IV,  Chapter  II,  Executive  Department  37 

President  Pro  Tem.  Vacancy  in  Mayoralty. 

Sec.  6.  When  and  so  long  as  the  Mayor  is  temporarily  unable 
to  perform  his  duties,  a  member  of  the  Board  shall  be  chosen 
President  pro  tempore,  who  shall  act  as  such  Mayor.  When  a 
vacancy  occurs  in  the  office  of  Mayor,  it  shall  be  filled  for  the 
unexpired  term  by  the  Supervisors. 

CHAPTER  II. 

THE  AUDITOR. 

Auditor:  Qualifications.  Term.  Salary.  Duties. 

Section  1.  The  head  of  the  Finance  Department  of  the  City 
and  County  shall  be  designated  the  Auditor.  He  shall  be  an 
elector  of  the  City  and  County  at  the  time  of  his  election  and 
must  have  been  such  for  at  least  five  years  next  preceding  such 
time.  He  shall  be  elected  by  the  people  and  hold  office  for  two 
years.  He  shall  receive  an  annual  salary  of  four  thousand  dol¬ 
lars.  The  Auditor  must  always  know  the  exact  condition  of  the 
treasury  and  every  demand  upon  it.  He  shall  be  in  personal 
attendance  at  his  office  daily  during  office  hours.  He  shall  be  the 
general  accountant  of  the  City  and  County,  and  shall  receive  and 
preserve  in  his  office  all  accounts,  books,  vouchers,  documents  and 
papers  relating  to  the  accounts  and  contracts  of  the  City  and 
County,  its  debts,  revenues  and  other  financial  affairs.  He  shall 
give  information  as  to  the  exact  condition  of  the  treasury  and  of 
every  appropriation  and  fund  thereof,  upon  demand  of  the  Mayor, 
the  Supervisors,  or  any  committee  or  members  thereof. 

Appointees.  Qualifications.  Salaries. 

Sec.  2.  The  Auditor  shall  appoint  a  Deputy  Auditor,  who 
shall  possess  the  qualifications  required  of  the  Auditor,  and  who 
shall  receive  an  annual  salary  of  twenty-four  hundred  dollars. 
The  Auditor  may  also  appoint  two  assistant  deputies,  who  shall 
each  receive  an  annual  salary  of  fifteen  hundred  dollars,  and  two 
clerks,  who  shall  each  receive  an  annual  salary  of  twelve  hundred 
dollars.  He  may  employ  such  number  of  extra  clerks  during  the 
time  their  services  may  be  necessary  for  the  lawful  discharge  of 
his  official  duties,  as  the  Board  of  Supervisors  may  designate. 
Such  extra  clerks  shall  each  receive  a  salary  not  to  exceed  one 
hundred  dollars  a  month  for  the  time  they  shall  be  actually  em¬ 
ployed.  The  Auditor  shall  be  allowed  bo  expend  not  exceeding 
eighteen  hundred  dollars  a  year  for  counsel  and  attorney’s  fees. 
Demands  Must  Be  Audited. 

Sec.  3.  The  Auditor  shall  keep  an  account  of  all  moneys  paid 
into  and  out  of  the  treasury,  and  the  Treasurer  shall  pay  no  money 
out  of  the  treasury  except  upon  demands  approved  by  the  Auditor. 
Any  ordinance  or  law  providing  for  the  payment  of  any  demand 
out  of  the  treasury  or  an y  fund  thereof  (whether  from  public 
funds  or  from  private  funds  deposited  therein)  shall  always  be 


38  Charter  of  the  City  and  County  of  San  Francisco 

construed  as  requiring  the  auditing  of  such  demand  by  the  Au¬ 
ditor  before  the  same  be  paid. 

Demands  to  Be  Numbered  and  Recorded. 

Sec.  4.  He  shall  number  and  keep  an  official  record  of  all  de¬ 
mands  audited  by  him.  showing  the  number,  date,  amount,  name 
of  the  original  holder,  on  what  account  allowed,  against  what 
appropriation  drawn,  out  of  what  fund  payable,  and,  if  previously 
approved  or  allowed,  by  what  officer,  department  or  board  it  has 
been  so  approved  or  allowed.  It  shall  be  misconduct  in  office  for 
the  Auditor  to  deliver  a  demand  with  his  official  approval  until 
this  requirement  shall  have  been  complied  with. 

Approval  of  Demands. 

Sec.  5.  The  Auditor  shall  approve  no  demand  unless  the  same 
has  been  allowed  by  every  officer,  board,  department  and  com¬ 
mittee  required  to  act  thereon. 

Auditor  Must  Deduct  Debits  from  Demands. 

Sec.  6.  No  demand  shall  be  allowed  by  the  Auditor  in  favor 
of  any  corporation  or  person  in  any  manner  indebted  to  the  City 
and  County,  except  for  taxes  not  delinquent,  without  first  deduct¬ 
ing  the  amount  of  any  indebtedness  of  which  he  has  notice ;  nor 
in  favor  of  any  person  having  the  collection,  custody  or  disburse¬ 
ment  of  public  funds,  unless  his  account  has  been  presented, 
passed,  approved  and  allowed  as  herein  required’  nor  in  favor 
of  any  officer  who  has  neglected  to  make  his  official  returns  or 
reports  in  the  manner  and  at  the  time  required  by  law,  ordinance, 
or  the  regulations  of  the  Supervisors ;  nor  in  favor  of  any  officer 
who  has  neglected  or  refused  to  comply  with  any  of  the  provis¬ 
ions  of  law  regulating  his  duties,  nor  in  favor  of  any  officer  or 
employee  for  the  time  he  shall  have  absented  himself  without  legal 
cause  from  the  duties  of  his  office  during  office  hours.  The  Au¬ 
ditor  must  always  examine  on  oath  any  person  receiving  a  salary 
from  the  City  and  County  touching  such  absence. 

The  Auditor  may  require  any  person  presenting  for  settlement 
an  account  or  claim  for  any  cause  against  the  City  and  County  to 
be  sworn  before  him  touching  such  account  or  claim,  and  when 
so  sworn,  to  answer  orally  as  to  any  facts  relative  to  the  justice 
of  such  account  or  claim.  Moneys  placed  in  the  Special  Deposit 
Fund  shall  not  be  subject  to  the  provisions  of  this  section. 
Demands  Must  Be  Indorsed  by  Auditor. 

Sec.  7.  Every  demand  upon  the  Treasurer,  except  the  salary 
of  the  Auditor,  must,  before  it  can  be  paid,  be  presented  to  the 
Auditor,  who  shall  satisfy  himself  whether  the  money  is  legally 
due,  and  its  payment  authorized  by  law,  and  against  what  appro¬ 
priation  payable  and  out  of  what,  fund  it  is  payable.  If  he  allow 
it,  he  shall  endorse  upon  it  the  word  ‘ ‘Allowed,”  with  the  name 
of  the  fund  out  of  which  it  is  payable,  and  the  date  of  such  allow¬ 
ance,  and  sign  his  name  thereto.  No  demand  shall  be  approved. 


Article"  IV,’ r  Chapter  III,  Executive  Department  39 

allowed,  audited  or  paid  unless  it  specify  each  special  item,  date 
and  amount  composing  it,  and  refer  by  chapter  and  section  to  the 
provisions  of  this  Charter  authorizing  the  same. 

Register  of  Warrants. 

Sec.  8.  The  Auditor  shall  keep  a  register  of  warrants,  showing 
the  funds  upon  which  they  are  drawn,  the  number,  in  whose  favor, 
for  what  service,  the  appropriation  applicable  to  the  payment 
thereof,  when  the  liability  accrued,  and  a  receipt  from  the  person 
to  whom  the  warrant  is  delivered.  He  shall  not  allow  any  demand 
out  of  its  order,  nor  give  priority  to  one  demand  over  another 
drawn  upon  the  same  specified  fund,  except  for  the  purpose  of 
determining  its  legality. 


CHAPTER  III. 

THE  TREASURER. 

Treasurer:  Qualifications.  Term.  Salary.  Appointees.  Salaries. 

Section  1.  There  shall  be  a  Treasurer  of  the  City  and  County, 
who  shall  be  an  elector  of  the  City  and  County  at  the  time  of  his 
election  and  who  must  have  been  such  for  at  least  five  years  next 
preceding  such  time.  He  shall  be  elected  by  the  people,  and  hold 
his  office  for  two  years.  He  shall  receive  an  annual  salary  of  four 
thousand  dollars,  which  shall  be  in  full  compensation  for  all  his 
services.  He  may  appoint  a  chief  deputy,  who  shall  receive  an 
annual  salary  of  twenty-four  hundred  dollars,  two  assistant 
deputies,  wTho  shall  each  receive  an  annual  salary  of  eighteen  hun¬ 
dred  dollars,  and  one  clerk,  who  shall  receive  an  annual  salary  of 
twelve  hundred  dollars. 

Duties  of  Treasurer.  Deposit  of  Public  Funds  and  Procedure  Therefor. 

Sec.  2.  The  Treasurer  shall  receive  and  safely  keep  all  moneys 
which  shall  be  paid  into  the  treasury.  Except  as  hereinafter  pro¬ 
vided,  he  shall  not  lend,  exchange,  use  nor  deposit  the  same,  or 
any  part  thereof,  to  or  with  any  bank,  banker  or  person ;  nor  pay 
out  any  part  of  such  moneys,  nor  allow  the  same  to  pass  out  of 
his  personal  custody,  except  upon  demands  authorized  by  law  or 
this  Charter,  and  after  they  shall  have  been  approved  by  the 
Auditor.  At  the  close  of  business  each  day,  he  shall  take  an  ac¬ 
count  of  and  enter  in  the  proper  book  the  exact  amount  of  money 
on  hand.  At  the  end  of  every  month  he  shall  make  out  and  file 
with  the  Mayor  and  publish  quarterly  in  the  official  newspaper  a 
statement  of  the  condition  of  the  treasury,  showing  the  amounts 
of  receipts  into  and  payments  from  the  treasury,  and  on  what 
account,  and  out  of  what  fund.  If  he  violate  any  of  the  pro¬ 
visions  of  this  section,  he  shall  be  guilty  of  misconduct  in  office, 
and  be  liable  to  removal  therefrom,  and  be  proceeded  against  ac¬ 
cordingly.  He  shall  keep  the  accounts  belonging  to  each  fund 
separate  and  distinct,  and  shall  in  no  case  pay  demands  charge¬ 
able  against  one  fund  out  of  moneys  belonging  to  another.  He 
shall  be  in  personal  attendance  at  his  office  each  day  during  office 


40  Charter  of  the  City  and  County  of  San  Francisco 

hours.  No  fees  of  any  kind  shall  be  retained  by  him,  but  the 
same,  from  whatever  source  received  or  derived,  shall  be  paid  by 
him  into  the  treasury. 

All  moneys  paid  into  the  treasury  of  the  City  and  County  may 
be  deposited  by  the  Treasurer,  upon  the  written  consent  of  the 
Mayor,  in  an}7"  licensed  national  bank  or  banks,  within  this  State, 
or  in  any  bank,  banks  or  corporations  authorized  and  licensed  to 
do  a  banking  business,  and  organized  under  the  laws  of  this  State, 
provided  that  such  bank  or  banks  in  which  such  moneys  are  de¬ 
posited  shall  furnish  as  security  for  such  deposits,  bonds  of  the 
United  States  or  of  this  State,  or  of  any  County,  Municipality  or 
School  District  within  this  State,  approved  by  the  Treasurer  and 
the  City  Attorney.  The  market  value  of  the  bonds  furnished  as 
security,  shall  be  at  least  10  per  cent  in  excess  of  the  amount  of 
the  deposit  secured  thereby  ;  but  the  amount  of  the  deposit  shall 
in  no  case  exceed  the  face  value  of  the  bonds  furnished  as  security 
therefor.  And  provided  that  such  bank  or  banks  shall  pay  a 
reasonable  rate  of  interest,  noi  less  than  2  per  cent  per  annum,  on 
the  daily  balances  therein  deposited. 

The  rate  of  interest  shall  be  fixed  annually  as  herein  provided 
in  the  month  of  January  of  each  year  on  all  deposits  to  be  made 
for  such  year ;  provided ,  that  the  rate  of  interest  for  the  year  end¬ 
ing  December  31st,  1907,  may  be  fixed  as  herein  provided  within 
ten  days  after  this  section  goes  into  effect.  The  rate  of  interest 
shall  be  fixed  by  the  Treasurer,  the  Auditor  and  the  Mayor,  and 
the  same  reported  in  writing  to  the  Board  of  Supervisors  imme¬ 
diately.  Said  rate  of  interest  shall  be  a  reasonable  rate  and  not 
less  than  2  per  cent  per  annum  on  the  daily  balances  deposited; 
and  the  rate  of  interest  so  established  for  each  year  as  herein 
provided,  shall  be  the  uniform  rate  of  interest  required  from  all 
banks  receiving  deposits  from  the  City  and  County  for  that  year. 
Interest  on  all  moneys  deposited  as  herein  provided  for  shall  be¬ 
long  to  the  City  and  County  and  shall1  be  paid  quarterly  into  the 
general  fund  of  the  City  and  County  except  where  the  law  of  this 
Charter  otherwise  directs. 

It  shall  be  the  duty  of  the  Treasurer  to  receive  from  the  bank 
in  which  the  deposit  is  made,  a  receipt  or  receipts  in  duplicate, 
showing  the  date  and  amount  of  deposit  and  rate  of  interest  to 
be  paid  thereon,  one  copy  of  which  said  Treasurer  shall  keep  on. 
file  in  his  office  and  he  shall  file  one  copy  with  the  Auditor. 

The  Treasurer  shall  keep  a  record  in  his  office,  which  shall  be 
open  to  public  inspection,  showing  at  all  times  the  amount  of 
money  on  deposit  in  all ‘banks  in  which  the  same  is  deposited,  and 
dates  of  deposit ;  also  a  record  of  all  banks  making  application 
for  the  deposit  of  the  public  funds. 

The  total  amount  of  public  moneys  on  deposit  in  any  bank  shall 
not  at  any  time  exceed  50  per  cent  of  the  paid-up  capital  stock 
of  such  depository  bank  or  banks  The  Treasurer  shall  not  have 


Article  IV,  Chapter  III,  Executive  Department  41 

on  deposit  at  any  one  time  more  than  10  per  cent  of  the  public 
moneys  under  his  control  and  available  for  deposit  in  any  bank 
while  there  are  other  qualified  banks  requesting  such  deposits, 
provided,  that  the  Treasurer  shall  not  be  required  to  deposit  pub¬ 
lic  moneys  in  any  bank  outside  of  the  City  and  County. 

The  receipt  issued  by  any  bank  for  deposits  made  therein,  to¬ 
gether  with  the  bonds  held  as  security  therefor,  shall  be  held  by 
the  Treasurer  and  be  recognized  and  counted  as  cash  to  the 
amount  recited  in  the  receipt  by  the  officers  required  by  law  to 
count  the  same. 

Deposits,  with  interest  thereon,  shall  be  subject  to  withdrawal 
on  demand  of  the  Treasurer,  conjointly  with  that  of  the  Mayor, 
and  any  bank  receiving  the  deposit  of  public  moneys,  may,  at  any. 
time,  return  the  same  to  the  Treasurer,  together  with  interest  to 
date  of  return,  and  it  shall  be  the  duty  of  the  Treasurer,  upon 
receiving  the  return  of  such  deposit,  to  immediately  return  to 
such  bank  all  bonds  held  as  security  for  the  deposit  returned. 
When  the  Treasurer  withdraws  his  deposit,  he  shall  return,  on 
the  demand  of  the  bank,  such  bonds  as  were  held  as  security  for 
the  deposit  or  portion  thereof  withdrawn. 

Should  any  bank  fail  to  pay  any  public  moneys  held  on  de¬ 
posit  as  herein  provided,  the  Treasurer  (with  the  written  consent 
of  the  Mayor)  may,  after  ten  days’  written  notice  to  such  bank, 
proceed  to  sell  at  public  or  private  sale  such  of  the  bonds  held  by 
him  as  security  as  he  may  see  fit;  provided,  however,  that  he  shall 
sell  no  bonds  for  less  than  their  face  value  except  at  public  sale, 
after  ten  days’  printed  notice  in  the  official  newspaper.  The  pro¬ 
ceeds  of  such  sale,  after  paying  all  expenses,  shall  be  credited  to 
the  account  of  the  bank,  which  deposits  the  bonds  as  collateral. 
Any  bank  failing  to  make  payment  may,  at  any  time  before  the 
sale  of  the  bonds  is  completed,  stop  such  sale  by  repaying  all  the 
moneys  deposited  with  it,  together  with  any  expense  that  may 
have  been  incurred  by  the  Treasurer  as  the  result  of  such  failure. 
Should  the  proceeds  of  any  such  sale  fail'  to  fully  repay  any 
deposit,  the  balance  remaining  unpaid  may  be  collected  in  an 
action  at  law  in  the  name  of  the  City  and  County. 

The  Treasurer  shall  not  be  responsible  for  any  loss  of  public 
moneys  resulting  from  the  deposit  thereof  when  made  in  accord¬ 
ance  with  the  provisions  of  this  act.  It  shall  be  the  duty  of  the 
Treasurer  to  safely  keep  all  evidence  of  indebtedness  issued  by 
banks  for  deposits  made  therein  and  bonds  deposited  as  security 
and  the  Treasurer  shall  be  responsible  for  such  evidence  of  in¬ 
debtedness  and  for  bonds  held  as  security  therefor,  together  with 
the  interest  thereon  and  the  proceeds  of  any  sale  of  such  bonds ; 
and  the  Treasurer  shall  be  responsible  to  such  bank  for  the  safe 
return  of  the  securities  furnished  by  it  to  the  Treasurer. 

The  expenses  of  transportation  of  moneys  to  or  from  the 
treasury  to  such  depositaries  shall  be  borne  by  such  depositaries. 


42  Charter  of  the  City  and  County  of  San  Francisco 

Nothing  in  this  section  contained  shall  prevent  the  City  and 
County  from  buying  bonds  or  otherwise  investing  its  money  in 
any  manner  now  provided  by  law  or  this  Charter  and  nothing 
herein  contained  as  to  the  disposition  of  interest  and  public 
moneys  deposited  shall  apply  to  any  money  received  or  held  by 
the  City  and  County  wherein  any  law  or  this  Charter  provides  for 
the  payment  of  interest  or  profit  thereon  into  any  particular  fund. 
— As  amended  November  5,  1907,  approved  by  the  Legislature 
November  22,  1907  (Statutes  Special  Session,  1907,  page  18). 

Joint  Custody  Safe.  Auditor  and  Treasurer  Joint  Custodians. 

Sec.  3.  For  the  better  security  of  the  moneys  in  the  treasury, 
there  shall  be  provided  a  joint  custody  safe  in  which  shall  be  kept 
the  moneys  of  the  City  and  County.  Said  safe  shall  have  two 
combination  locks,  neither  one  of  which  alone  will  open  the  safe. 
The  Treasurer  shall  have  the  knowledge  of  one  combination  and 
the  Auditor  of  the  other.  The  Auditor  shall  be  joint  custodian 
with  the  Treasurer  of  all  funds  in  the  joint  custody  safe;  but 
shall  have  no  control  over  them  except  to  open  and  close  the  safe 
in  conjunction  with  the  Treasurer,  when  requested  to  do  so  in 
his  official  capacity,  and  shall  not  be  held  responsible  on  his  official 
bond  for  any  shortage  which  may  occur  in  the  treasury. 

The  gold  shall  be  kept  in  bags  containing  twenty  thousand  dol¬ 
lars  each,  and  the  silver  in  bags  containing  one  thousand  dollars 
each.  To  each  bag  shall  be  attached  a  tag  showing  the  nature 
and  amount  of  coin  contained  therein.  Each  bag  shall  be  sealed 
with  the  seal  of  each  custodian. 

There  shall  be  kept  in  the  safe  a  joint  custody  book,  showing 
the  amount  and  description  of  all  funds  in  the  safe,  and  when¬ 
ever  any  amounts  are  withdrawn,  the  Auditor  and  Treasurer  shall 
make  the  proper  entry  in  the  joint  custody  book  and  initial  the 
same.  If  on  account  of  sickness  or  urgent  necessity  the  Auditor 
is  unavoidably  absent  the  Deputy  Auditor  shall  perform  his  du¬ 
ties.  The  estimated  amount  of  money  required  daily  for  the  pay¬ 
ment  of  demands  against  the  treasury  shall  be  taken  from  the 
joint  custody  safe  and  kept  in  another  safe ;  and  the  money  therein 
shall  be  balanced  daily  at  the  close  of  business  hours. 

Original  and  Duplicate  Receipts. 

Sec.  4.  The  Treasurer,  on  receiving  any  money  into  the  treas¬ 
ury,  shall  make  out  and  sign  two  receipts  for  the  money.  Such 
receipts  shall  be  alike,  except  upon  the  face  of  one  of  them  shall 
appear  the  word  “Original,”  and  upon  the  face  of  the  other  shall 
appear  the  word  “Duplicate.”  Such  receipts  shall  be  numbered 
and  dated,  and  shall  specify  the  amount,  on  what  account  and 
from  what  person  or  officer  received,  and  into  what  fund  or  on 
what  account  paid.  The  Treasurer  shall  enter  upon  the  stubs  of 
such  receipts  a  memorandum  of  the  contents  thereof,  and  deliver 
the  receipt  marked  “Original”  to  the  person  or  officer  paying 
such  money  into  the  treasury,  and  forthwith  deliver  the  receipt 


Article  IV,  Chapter  IV,  Executive  Department  43 

marked  ‘ £  Duplicate  ’  ’  to  the  Auditor,  who  shall  write  upon  its  face 
the  date  of  its  delivery  to  him,  and  charge  the  Treasurer  with  the 
amount  specified  therein,  and  file  the  receipt  in  his  office. 

Demands  Must  Specify  Items.  Unauthorized  Demands. 

Sec.  5.  No  demand  shall  be  paid  by  the  Treasurer  unless  it 
specify  each  several  item,  date  and  amount  composing  it,  and 
refer  by  title,  date  and  section  to  the  law,  or  ordinance  or  pro¬ 
vision  of  this  Charter  authorizing  the  same;  but  the  allowance  or 
approval  of  the  Auditor,  or  of  the  Supervisors,  or  of  any  depart¬ 
ment,  board  or  officer,  of  any  demand  which  is  not  authorized 
by  law  or  this  Charter,  and  which  upon  its  face  appears  not  to 
have  been  expressly  made  payable  out  of  the  funds  to  be  charged 
therewith,  shall  afford  no  warrant  to  the  Treasurer  for  paying  the 
same. 

Cancellation  of  Paid  Demands.  Register  of  Unpaid  Demands. 

Sec.  6.  Every  lawful  demand  upon  the  treasury,  audited  and 
allowed  as  in  this  Charter  required,  shall  in  all  cases  be  paid  upon 
presentation,  if  there  be  sufficient  money  in  the  treasury  applicable 
to  the  payment  of  such  demand,  and  on  payment  cancelled  with 
a  punch,  cutting  the  word  “Cancelled”  therein,  and  the  proper 
entry  thereof  made.  If,  however,  there  be  not  sufficient  money 
so  applicable,  then  it  shall  be  registered  in  a  book  kept  for  that 
purpose  by  the  Treasurer.  Such  register  shall  show  the  special 
number  given  by  the  Supervisors  or  other  authority,  and  also 
by  the  Auditor  to  each  demand  presented,  also  when  presented, 
the  date,  amount,  name  of  original  holder,  and  on  what  account 
allowed  and  against  what  appropriation  drawn  and  out  of  what 
specific  fund  payable.  All  demands  shall  be  paid  in  the  order  of 
their  registration.  Each  demand  upon  being  so  registered  shall 
be  returned  to  the  party  presenting  it,  with  the  endorsement  of 
the  word  ££ Registered,”  and  dated  and  signed  by  the  Treasurer; 
but  the  registration  of  any  demand  shall  not  operate  to  recognize 
or  make  valid  such  demand  if  incurred  contrary  to  any  of  the 
provisions  of  this  Charter. 

CHAPTER  IV. 

THE  ASSESSOR. 

Assessor’s  Term,  Salary,  Appointees  and  Salaries. 

Section  1.  There  shall  be  an  Assessor  of  the  City  and  County, 
who  shall  be  an  elector  of  the  City  and  County  at  the  time  of 
his  election,  and  who  must  have  been  such  for  at  least  five  years 
next  preceding  such  time.  He  shall  be  elected  by  the  people  and 
hold  office  for  four  years.  He  shall  receive  an  annual  salary  of 
eight  thousand  dollars,  which  shall  be  in  full  compensation  for 
all  his  services.  He  may  appoint  a  chief  deputy,  who  shall  receive 
an  annual  salary  of  twenty-four  hundred  dollars ;  one  cashier,  who 
shall  receive  an  annual  salary  of  eighteen  hundred  dollars;  six 


44  Charter  of  the  City  and  County  of  San  Francisco 

assistant  deputies,  who  shall  receive  an  annual  salary  of  eighteen 
hundred  dollars  each;  twenty-one  clerks,  who  shall  each  receive 
an  annual  salary  of  twelve  hundred  dollars;  and  during  four 
months  of  the  3^ear  not  more  than  one  hundred  clerks,  who  shall 
each  be  paid  at  the  rate  of  not  more  than  one  hundred  dollars  a 
month  during  the  time  of  their  employment.— As  amended  De¬ 
cember  4,  1902,  approved  by  the  Legislature  February  5,  1903 
(Statutes  1903,  page  586). 

Duties. 

Sec.  2.  The  Assessor  shall  assess  all  taxable  property  within 
the  City  and  County  at  the  time  and  in  the  manner  prescribed  by 
the  general  laws  of  the  State. 

CHAPTER  V. 

THE  TAX  COLLECTOR. 

Tax  Collector:  Qualifications.  Term.  Salary.  Appointees.  Salaries.  Ex¬ 
tra  Clerks.  Compensation. 

Section  1.  There  shall  be  a  Tax  Collector  of  the  City  and 
County,  who  shall  be  an  elector  of  the  City  and  County  at  the 
time  of  his  election  and  who  must  have  been  such  for  at  least  five 
years  next  preceding  such  time.  He  shall  be  elected  by  the  people 
and  hold  office  for  two  years.  He  shall  receive  an  annual  salary 
of  four  thousand  dollars,  which  shall  be  in  full  compensation  for 
all  his  services.  He  may  appoint  one  chief  deputy,  who  shall 
receive  an  annual  salary  of  twenty-four  hundred  dollars;  one 
cashier,  who  shall  receive  an  annual  salary  of  twenty-four  hundred 
dollars;  fifteen  deputies,  who  shall  each  receive  an  annual  salary 
of  fifteen  hundred  dollars;  and  extra  clerks,  who  shall  each  be 
paid  at  the  rate  of  not  more  than  one  hundred  dollars  a  month 
during  the  time  of  their  employment,  but  the  total  amount  of 
payment  for  such  extra  clerks  shall  not  exceed  thirty-six  thousand 
dollars  a  3rear. 

Tax  Collector’s  Powers  and  Duties. 

Sec.  2.  The  Tax  Collector  must  collect  all  licenses  which  may 
at  any  time  be  required  by  law  or  ordinance  to  be  collected  within 
the  City  and  County.  He  shall  be  charged  with  all  taxes  levied 
upon  real  and  personal  property  within  the  City  and  County, 
upon  the  final  settlement  to  be  made  by  him  according  to  law  or 
this  Charter.  He  shall  pay  into  the  treasury,  without  any  de¬ 
duction  for  commissions,  fees  or  charges  of  any  kind  or  on  any 
account,  the  full  amount  of  all  taxes,  assessments  and  moneys  re¬ 
ceived  by  him  and  not  previously  paid  over,  including  all  moneys 
paid  under  protest,  and  money  received  for  taxes  paid  more  than 
once,  and  for  street  assessments.  He  shall  also  be  charged  with, 
and  be  debtor  to  the  City  and  County  for  the  full  amount  of  all 
taxes  due  upon  the  delinquent  tax  list  delivered  to  him  for  col¬ 
lection,  unless  it  appear  to  the  satisfaction  of  the  Supervisors 
expressed  by  resolution,  that  it  was  out  of  his  power  to  collect 


Article  IV,  Chapter  VI,  Executive  Department  45 

the  same  by  levy  and  sale  of  property  liable  to  be  seized  and  sold 
therefor. 

Attorney  to  Collect  Delinquent  Taxes. 

Sec.  3.  The  Tax  Collector  may  appoint  an  attorney  to  prose¬ 
cute  actions  for  the  collection  of  delinquent  taxes,  and  may  agree 
on  paying  him  as  compensation  therefor  a  stated  percentage  out 
of  the  amounts  recovered;  but  such  percentage  shall  in  no  case 
exceed  fifteen  per  centum  of  the  amounts  recovered. 

Licenses  in  Charge  of  Tax  Collector. 

Sec.  4.  He  shall  examine  ail  persons  liable  to  pay  licenses,  and 
see  that  licenses  are  taken  out  and  paid  for.  In  the  performance 
of  their  official  duties,  he  and  his  deputies  shall  have  the  same 
powers  as  police  officers  in  serving  process  and  in  making  arrests. 
He  may  demand  the  exhibition  of  any  license  for  the  current  term 
from  any  person,  firm  or  corporation  engaged  or  employed  in  the 
transaction  of  any  business  for  which  a  license  is  required;  and 
if  such  person,  firm  or  corporation  shall  refuse  or  neglect  to  ex¬ 
hibit  such  license,  the  same  may  be  revoked  forthwith  by  the  Tax 
Collector. 

Auditor  to  Sign  Licenses.  Monthly  Statement  of  Licenses. 

Sec.  5.  The  Auditor  shall  from  time  to  time  deliver  to  the  Tax 
Collector  such  City  and  County  licenses  as  may  be  required,  and 
sign  the  same  and  charge  them  to  the  Tax  Collector,  specifying  in 
the  charge  the  amounts  thereof  named  in  such  licenses  respective¬ 
ly  and  the  class  of  licenses,  and  take  receipts  therefor,  and  the 
Tax  Collector  shall  sign  and  collect  the  same.  The  Tax  Collector 
shall  once  in  every  month,  and  oftener  when  required  by  the 
Auditor,  make  to  the  Auditor  a  report  under  oath  of  all  licenses 
sold  and  on  hand,  and  of- all  amounts  paid  to  the  Treasurer,  and 
shall  also  in  that  regard  comply  with  the  regulations  which  may 
be  prescribed  by  the  Supervisors.  At  the  time  of  making  such 
report,  the  Tax  Collector  shall  exhibit  to  the  Auditor  all  licenses 
on  hand  and  the  Treasurer’s  receipts  for  all  moneys  paid  into  the 
treasury. 


CHAPTER  VI. 

THE  CORONER. 

Coroner:  Qualifications.  Term.  Salary.  Duties.  Morgue. 

Section  1.  There  shall  be  a  Coroner  of  the  City  and  County 
who  shall  be  an  elector  of  the  City  and  County  at  the  time  of  his 
election  and  who  must  have  been  such  for  at  least  five  years  next 
preceding  such  election.  He  shall  be  elected  by  the  people  and 
hold  office  for  two  years.  He  shall  receive  an  annual  salary  of 
four  thousand  dollars.  He  shall  perform  such  duties  as  may  be 
prescribed  by  law  or  ordinance.  He  shall  have  the  control  and 
management  of  the  Morgue  of  the  City  and  County  under  such 
ordinances  as  the  Supervisors  may  adopt. 


46  Charter  of  the  City  and  G©¥nty  ©f  San  Fiun«i*«© 
Appointees.  Salaries. 

Sec.  2.  He  may  appoint  an  autopsy  physician  who  shall  receive 
an  annual  salary  of  twenty-four  hundred  dollars ;  a  chief  deputy, 
who  shall  receive  an  annual  salary  of  twenty-four  hundred  dol¬ 
lars;  three  assistant  deputies,  who  shall  each  receive  an  annual 
salary  of  fifteen  hundred  dollars;  a  stenographer  and  typewriter, 
who  shall1  receive  an  annual  salary  of  eighteen  hundred  dollars; 
and  a  messenger,  who  shall  receive  an  annual  salary  of  nine  hun¬ 
dred  dollars. 


CHAPTER  VII. 

THE  RECORDER. 

Recorder:  Qualifications.  Term.  Salary.  Appointees.  Copyists.  Com¬ 
pensation. 

Section  1.  There  shall  be  a  Recorder  of  the  City  and  County 
who  shall  be  an  elector  of  the  City  and  County  at  the  time  of  his 
election  and  who  must  have  been  such  for  at  least  five  years  next 
preceding  such  election.  He  shall  be  elected  by  the  people  and 
hold  office  for  two  years.  He  shall  receive  an  annual  salary  of 
thirty-six  hundred  dollars.  He  may  appoint  a  chief  deputy, 
who  shall  receive  an  annual  salary  of  eighteen  hundred  dollars; 
two  assistant  deputies,  who  shall  each  receive  an  annual  salar}^ 
of  fifteen  hundred  dollars.  He  may  also  appoint  as  many  copy¬ 
ists  as  he  may  deem  necessary,  who  shall  receive  not  more  than 
eight  cents  for  each  one  hundred  words  actually  written ;  but  no 
copyist  shall  be  paid  a  greater  compensation  at  this  rate  than 
amounts  in  the  aggregate  to  one  hundred  dollars  a  month. 
Custodian  of  Public  Records.  Duties. 

Sec.  2.  The  Recorder  shall  take  into  his  custody  and  safely 
keep  all  books,  records,  maps  and  papers  deposited  in  his  office. 
Upon  demand  and  payment  of  the  fees  prescribed  therefor  by  law 
or  by  ordinance,  he  must  furnish  to  any  one  applying  therefor  a 
copy  of  any  such  book,  record,  map  or  paper,  certified  under  the 
hand  and  seal  of  his  office.  When  any  papers  are  presented  for 
filing  or  recording,  he  or  his  deputies  shall  write  on  the  margin 
of  each  paper  so  presented  the  number  of  folios,  the  amount  paid 
for  recording  the  same,  and  shall  number  consecutively  all  in¬ 
struments  and  documents  filed  in  his  office.  He  shall  also  per¬ 
form  all  other  duties  at  the  time  and  in  the  manner  prescribed 
by  the  general  laws  of  the  State. 


47 


Article  V,  Chapter  I,  Legal  Department 

ARTICLE  Y. 

LEGAL  DEPARTMENT. 

CHAPTER  I. 

THE  SUPERIOR  COURT  JUDGES. 

Court  Interpreters. 

Section  1.  The  Judges  of  the  Superior  Court  of  the  City  and 
County  may  appoint  not  to  exceed  five  interpreters  of  foreign 
languages,  who  shall  act  as  such  interpreters  in  criminal  actions 
and  proceedings  in  all  the  courts  in  the  City  and  County,  and  in 
examinations  before  Coroner ?s  juries. 

Court  Stenographers.  Compensation. 

Sec.  2.  The  stenographers  in  the  Criminal  Departments  of  the 
Superior  Court  shall  each  receive  an  annual  salary  not  exceeding 
twenty-four  hundred  dollars,  which  shall  be  in  full  compensation 
for  all  services,  including  transcription  and  all  stationery  used 
by  them. 

CHAPTER  II. 

THE  CITY  ATTORNEY. 

City  Attorney:  Salary.  Term.  Qualifications. 

Section  1.  There  shall  be  an  Attorney  and  Counselor  of  the 
City  and  County,  who  shall  be  styled  City  Attorney,  and  who 
shall  receive  an  annual  salary  of  five  thousand  dollars.  He  shall 
be  elected  by  the  people  and  shall  hold  office  for  the  period  of  two 
years.  He  must  be  at  the  time  of  his  election  an  elector  of  the 
City  and  County  and  qualified  to  practice  in  all  the  courts  of  this 
State,  and  he  must  have  been  so  qualified  for  at  least  ten  years 
next  preceding  his  election,  during  five  years  of  which  he  must 
have  been  an  actual  resident  of  the  City  and  County.  He  shall 
devote  his  entire  time  and  attention  to  the  duties  of  his  office. 
Duties. 

Sec.  2.  He  must  prosecute  and  defend  for  the  City  and  County 
all  actions  at  law  or  in  equity,  and  all  special  proceedings  for  or 
against  the  City  and  County;  and  whenever  any  cause  of  action 
at  law  or  in  equity  or  by  special  proceedings  exists  in  favor  of  the 
City  and  County  he  shall  commence  the  same  when  within  his 
knowdedge,  and,  if  not  within  his  knowledge,  .when  directed  to 
do  so  by  resolution  of  the  Supervisors.  He  shall  give  legal  advice, 
in  writing,  to  all  officers,  boards  and  commissions  named  in  this 
Charter,  when  requested  so  to  do  by  them,  or  either  of  them,  in 
writing,  upon  questions  arising  in  their  separate  departments  in¬ 
volving  the  rights  or  liabilities  of  the  Cdy  and  County.  He  shall 
not  settle  or  dismiss  any  litigation  for  or  against  the  City  and 
County  under  his  control  unless  upon  his  written  recommenda¬ 
tion  he  is  ordered  to  do  so  by  the  Mayor  and  Supervisors. 

Records  of  City’s  Legal  Proceedings. 

Sec.  3.  He  shall  keep  on  file  in  his  office  ail  written  communica- 


48  Charter  of  the  City  and  County  of  San  Francisco 

tions  and  opinions  given  by  him  to  any  officer,  board  or  depart¬ 
ment;  the  briefs  and  transcripts  used  in  causes  wherein  he  ap¬ 
pears:  and  bound  books  of  record  and  registry  of  all  actions  or 
proceedings  in  his  charge  in  which  the  City  and  County  is  inter¬ 
ested. 

Delivery  of  Records  to  Successor. 

Sec.  4.  He  shall  deliver  all  books  and  records,  reports,  docu¬ 
ments,  papers,  statutes,  law  books  and  property  of  every  descrip¬ 
tion  in  his  possession,  belonging  to  his  office,  or  to  the  City  and 
County,  to  his  successor  in  office,  who  shall  give  him  duplicate 
receipts  therefor,  one  of  which  he  shall  tile  with  the  Auditor. 
Appointees.  Assistants.  Salaries.  Clerks.  Salaries. 

Sec.  5.  The  City  Attorney  may  appoint  four  assistants,  the  first 
of  whom  shall  receive  an  annual  salary  of  thirty-six  hundred  dol¬ 
lars:  the  second  an  annual  salary  of  three  thousand  dollars;  the 
third  an  annual  salary  of  twenty-four  hundred  dollars,  and  the 
fourth  an  annual  salary  of  eighteen  hundred  dollars.  He  may  also 
appoint  a  chief  clerk,  who  shall  receive  an  annual  salary  of 
eighteen  hundred  dollars;  an  assistant  clerk,  who  shall  receive 
an  annual  salary  of  nine  hundred  dollars;  a  stenographer  and 
typewriter,  who  shall  receive  an  annual  salary  of  nine  hundred 
dollars;  and  a  messenger,  who  shall  receive  an  annual  salary  of 
nine  hundred  dollars.  An  officer  of  the  Police  Department  shall 
be  permanently  detailed  by  the  Chief  of  Police  for  the  purpose 
of  doing  the  detective  work  necessary  in  preparing  and  prosecut¬ 
ing  the  litigation  of  the  office,  who  shall  continue  to  serve  on 
such  detail  during  the  pleasure  of  the  City  Attorney.  The  as¬ 
sistants  and  the  chief  clerk  must  each,  at  the  time  of  his  appoint¬ 
ment,  be  qualified  to  practice  in  all  the  courts  of  this  State,  and 
must  have  been  so  qualified  at  least  two  years  next  preceding  his 
appointment.  The  assistants,  clerks,  typewriter  and  messenger 
shall  be  appointed  by  the  City  Attorney,  and  shall  hold  their 
offices  at  his  pleasure,  and  the  specific  duties  of  each  shall  be  pre¬ 
scribed  by  him. 


CHAPTER  III. 

THE  DISTRICT  ATTORNEY. 

District  Attorney:  Term,  Qualifications  and  Salary. 

Section  1.  The  District  Attorney  shall  be  elected  by  the  people 
and  shall  hold  office  for  two  years.  He  shall  be  an  elector  of  the 
City  and  County  and  must  at  the  time  of  his  election  be  qualified 
to  practice  in  all  the  courts  of  this  State,  and  must  have  been 
so  qualified  for  at  least  five  years  next  preceding  his  election.  He 
shall  receive  an  annual  salary  of  five  thousand  dollars. 

Powers  and  Duties. 

Sec.  2.  The  District  Attorney  shall  have  all1  the  powers  con¬ 
ferred,  and  shall  discharge  all  the  duties  imposed  upon,  the  Dis- 


Article  V,  Chapter  III,  Legal  Department  49 

trict  Attorneys  of  counties  by  the  general  laws  of  this  State,  and 
in  addition  thereto  shall  attend,  institute  and  conduct,  on  behalf  of 
the  people,  all  prosecutions  cognizable  in  the  Police  Court  of  the 
City  and  County.  He  shall  draw  all  complaints  and  warrants  in 
said  Police  Court,  prosecute  all  forfeited  recognizances  therein, 
and  all  actions  for  the  recovery  ot*  fines,  penalties,  and  forfeitures 
accruing  to  the  City  and  County;  deliver  receipts  for  money  or 
property  received  in  his  official  capacity,  and  file  duplicates  there¬ 
for  with  the  County  Treasurer;  file  with  the  Auditor  on  the 
first  Mondays  of  January,  April,  July  and  October  in  each  year, 
an  itemized  statement  under  oath  showing  all  moneys  received 
by  him  in  his  official  capacity  during  the  preceding  three  months ; 
keep  a  register  of  his  official  business  in  which  must  be  entered 
a  note  of  every  action,  whether  criminal  or  civil,  prosecuted  offi¬ 
cially  by  him,  and  of  the  proceedings  therein;  and  give,  when 
required,  without  fee,  advice  to  the  Board  of  Police  Commission¬ 
ers,  the  Chief  of  Police,  the  Board  of  Health  and  the  Coroner,  upon 
matters  relating  to  the  duties  of  their  respective  offices. 

Appointees.  Assistants.  Salaries.  Duties. 

Sec.  3.  He  may  appoint  seven  Assistant  District  Attorneys  to 
aid  him  in  the  discharge  of  his  official  duties,  three  of  whom  shall 
act  as  prosecutors  in  the  Superior  Court,  and  shall  each  receive 
an  annual  salary  of  thirty-six  hundred  dollars,  and  four  of  whom 
shall  act  as  the  prosecuting  attorneys  of  the  Police  Court,  and 
shall  each  receive  an  annual  salary  of  twenty-four  hundred  dol¬ 
lars.  When  any  of  the  assistants  of  the  District  Attorney  acting 
as  such  prosecuting  attorneys  in  the  Police  Court  are  not  actually 
engaged  in  work  connected  with  prosecutions  therein,  they  shall 
be  at  the  call  of  the  District  Attorney  for  any  service  connected 
with  his  department.  The  assistants  must  each,  at  the  time  of 
his  appointment,  be  qualified  to  practice  in  all  the  courts  of  this 
State,  and  must  have  been  so  qualified  for  at  least  two  years  next 
preceding  his  appointment.  The  District  Attorney  may  also  ap¬ 
point  one  chief  clerk,  who  shall  receive  an  annual  salary  of 
eighteen  hundred  dollars;  one  assistant  clerk,  who  shall  receive 
an  annual  salary  of  twelve  hundred  dollars ;  and  one  stenographer 
and  typewriter,  who  shall  receive  an  annual  salary  of  nine  hun¬ 
dred  dollars. 

To  Purchase  Property  on  Execution  Sales. 

Sec.  4.  The  District  Attorney  may,  in  the  name  of  the  City  and 
County,  bid  for  and  purchase  property  at  execution  sales  under 
judgments  for  the  recovery  of  fines,  penalties  or  forfeitures  accru¬ 
ing  to  the  City  and  County. 


50  Charter  of  the  City  and  County  of  San  Francisco 

CHAPTER  IV. 

THE  PUBLIC  ADMINISTRATOR. 

Public  Administrator:  Powers  and  Duties.  Allowed  Fees  for  Compensation. 

Section  1.  The  Public  Administrator  shall'  be  elected  by  the 
people,  and  he  shall  hold  office  for  tAVO  years.  He  shall  have  all 
the  poAvers  conferred,  and  shall  discharge  all  the  duties  imposed 
upon,  the  Public  Administrators  of  counties  by  the  general  latvs 
of  this  State,  except  as  in  this  Charter  otherwise  specifically  pro¬ 
vided.  He  shall  be  entitled  to  all  such  fees  as  may  be  allowed 
by  law  to  the  Public  Administrators  of  the  counties  of  the  State 
in  full  compensation  for  all  his  services. 

CHAPTER  V. 

THE  COUNTY  CLERK. 

County  Clerk:  Term.  Powers  and  Duties.  Clerk  of  Police  Court.  Salary. 

Section  1.  The  County  Clerk  shall  be  elected  by  the  people 
and  shall  hold  office  for  two  years.  He  shall  have  all  the  powers 
conferred,  and  shall  discharge  all  the  duties  imposed  upon,  the 
County  Clerks  of  counties  by  the  general  iaAvs  of  this  State,  and 
in  addition  thereto  shall  attend  and  act  as  Clerk  of  the  Police 
Court,  keep  the  dockets  and  registers  thereof,  and  take  charge  of 
and  safely  keep  all  books,  papers  and  records  AYhich  may  be  filed 
or  deposited  in  his  office  pertaining  to  the  Police  Court.  He  shall 
receive  an  annual  salary  of  four  thousand  dollars. 

Appointees.  Salaries.  Cashier.  Courtroom  Clerks.  Register  Clerks.  Copy¬ 
ists.  Police  Court  Clerks. 

Sec.  2.  To  aid  him  in  the  discharge  of  his  official  duties,  the 
County  Clerk  may  appoint  a  Chief  Register  Clerk,  who  shall  re¬ 
ceive  an  annual  salary  of  twenty-four  hundred  dollars;  a  Cashier, 
who  shall  receive  an  annual  salary  of  eighteen  hundred  dollars; 
twelve  Court  Room  Clerks  for  the  Superior  Court,  who  shall  each 
receive  an  annual  salary  of  fifteen  hundred  dollars;  five  Register 
Clerks,  who  shall  each  receive  an  annual  salary  of  eighteen  hun¬ 
dred  dollars;  ten  Assistant  Register  Clerks,  who  shall  each  re¬ 
ceive  an  annual  salary  of  fifteen  hundred  dollars;  sixteen  copy¬ 
ists,  Avho  shall  each  receive  an  annual  salary  of  twelve  hundred 
dollars;  and  four  Clerks  for  the  Police  Court,  who  shall  each 
recefye  an  annual  salary  of  fifteen  hundred  dollars. 

Copies  of  Papers.  Charges. 

Sec.  3.  For  copies  of  papers  furnished  and  certified  by  him,  he 
shall  charge  not  more  than  eight  cents  for  each  one  hundred 
Avords.  For  certifying  copies.  AA7hich  are  not  prepared  by  him,  he 
shall  be  entitled  to  charge  twenty-five  cents,  and  also  forty  cents 
an  hour  for  the  time  exceeding  one  hour  necessarily  occupied  in 
comparing  such  copies.  He  must  certify  all  papers  presented  to 
him  which  are  copies  of  any  document,  paper  or  record,  or  por¬ 
tions  thereof,  in  his  custody. 


Article  V,  Chapters  VI  and  VII,  Legal  Department  SI 
CHAPTER  VI. 

THE  SHERIFF. 

Sheriff:  Term.  Salary.  Powers  and  Duties. 

Section  1.  The  Sheriff  shall  be  elected  by  the  people,  and  he 
shall  hold  office  for  two  years.  He  shall  receive  an  annual  salary 
of  eight  thousand  dollars,  which  shall  be  in  full  compensation  for 
all  official  services  required  of  him  by  law;  but  said  salary  shall 
be  exclusive  of  the  compensation  received  by  him  from  the  State 
for  the  delivery  of  prisoners  to  the  State  prisons,  and  insane  per¬ 
sons  to  the  State  asylums  for  the  insane.  He  shall  have  all  the 
powers  conferred,  and  shall  discharge  all  the  duties  imposed  upon 
the  Sheriffs  of  counties  by  the  general  laws  of  this  State. 
Appointees.  Salaries. 

Sec.  2.  He  may  appoint  the  following  deputies  and  employees, 
who  shall  each  respectively  receive  the  following  annual  salaries : 

One  Under  Sheriff,  twenty-four  hundred  dollars ;  one  Attorney, 
eighteen  hundred  dollars;  one  Chief  Bookkeeper,  eighteen  hun¬ 
dred  dollars ;  two  Assistant  Bookkeepers,  fifteen  hundred  dollars ; 
ten  Office  Deputies,  fifteen  hundred  dollars;  fourteen  Bail¬ 
iffs,  twelve  hundred  dollars;  one  Chief  Jailer  at  Branch  Jail 
Number  One,  eighteen  hundred  dollars;  ten  Jailers  at  Branch 
Jail  Number  One,  twelve  hundred  dollars;  one  Superintend¬ 
ent  of  Branch  Jails  Numbers  Two  and  Three,  eighteen  hun¬ 
dred  dollars;  sixteen  Guards  at  Branch  Jail  Number  Two,  six 
hundred  dollars ;  one  Matron  at  Branch  Jail  Number  Three,  nine 
hundred  dollars;  six  Guards  at  Branch  Jail  Number  Three,  six 
hundred  dollars;  one  Commissary  to  act  for  all  jails,  fifteen  hun¬ 
dred  dollars ;  one  Driver  of  V an,  nine  hundred  dollars ;  and  one 
Bookkeeper  for  all  said  Branch  Jails,  fifteen  hundred  dollars. 
Duties  of  Deputies. 

Sec.  3.  The  Sheriff  may  designate  the  services  to  be  performed 
by  his  deputies. 


CHAPTER  VII. 

THE  JUSTICES’  COURTS. 

Justices  of  the  Peace.  Salaries.  Chief  Clerk.  Deputies. 

Section  1.  The  Justices  of  the  Peace  shall  each  receive  an  an¬ 
nual  salary  of  twenty-four  hundred  dollars,  except  the  Presiding 
Justice,  who  shall  receive  an  annual  salary  of  twenty-seven  hun¬ 
dred  dollars.  They  shall  appoint  a  Chief  Clerk  who  shall  hold 
office  for  two  years,  and  receive  an  annual  salary  of  twenty-four 
hundred  dollars.  The  Chief  Clerk  may  appoint  five  deputies, 
each  of  whom  shall  receive  an  annual  salary  of  twelve  hundred 
dollars. 


Charter  of  the  City  and  County  of  San  Francisco 


59 


CHAPTER  VIII . 

THE  POLICE  COURT. 

Police  Court.  Four  Judges.  Term.  Salary.  Qualifications.  Departments. 

Presiding  Judge.  Sessions  of  Court. 

Section  1.  There  is  hereby  created  and  established  in  and  for 
the  City  and  County  of  San  Francisco  a  Court  to  be  known  as 
the  Police  Court  of  the  City  and  County  of  San  Francisco.  Said 
Court  shall  consist  of  four  Judges,  who  shall  be  elected  by  the 
people  and  hold  office  for  four  years.  They  shall  each  receive  an 
annual  salary  of  thirty-six  hundred  dollars.  They  shall  be  elec¬ 
tors  of  the  City  and  County  at  the  time  of  their  election,  and  must 
have  been  such  for  at  least  live  years  next  preceding  such  time 
No  person  shall  be  eligible  to  the  office  of  Judge  of  the  Police 
Court  who  is  not  at  the  time  of  his  election  qualified  to  practice 
in  all  the  Courts  of  this  State,  and  who  has  not  been  so  qualified 
for  at  least  five  years  next  preceding  his  election.  The  Court 
shall  be  divided  into  departments  known  as  Department  Number 
One,  Department  Number  Two,  Department  Number  Three,  and 
Department  Number  Four.  The  Judges  of  such  Court  may  hold 
as  many  sessions  of  the  Court  at  the  same  time  as  there  are  Judges 
thereof.  The  Judges  who  shall  be  elected  at  the  first  election 
under  this  Charter  shall  so  classify  themselves  by  lot  that  two  of 
them  shall  go  out  of  office  in  two  years  and  two  of  them  in  four 
years. 

They  shall  choose  from  their  number  a  Presiding  Judge  who 
shall  serve  for  one  year.  The  Presiding  Judge  shall  assign  the 
Judges  to  their  respective  departments;  but  any  of  the  Judges 
may  preside  in  any  of  the  departments  in  the  absence  or  inability 
of  tin-  Judge  regularly  assigned  thereto. 

The  judgments,  orders  and  proceedings  of  any  session  of  the 
Court  held  by  any  one  or  more  of  the  Judges  shall  be  equally 
effectual  as  if  all  the  Judges  had  presided  at  such  session. 
Jurisdiction.  Violation  of  Ordinances.  Other  Misdemeanors  and  Felonies. 

Powers  in  Criminal  Actions. 

Sec.  2.  The  Police  Court  of  the  City  and  County  of  San  Fran¬ 
cisco  shall  have : 

First — Exclusive  jurisdiction  of  all  prosecutions  for  the  viola¬ 
tion  of  ordinances  of  the  Board  of  Supervisors. 

Second — Concurrent  jurisdiction  with  the  Superior  Court  of  all 
other  misdemeanors  and  of  the  examination  of  all  felonies  com¬ 
mitted  in  the  City  and  County. 

Third — Said  Court,  or  any  Judge  thereof,  shall  have  the  same 
powers  in  all  criminal  actions,  cases,  examinations  and  proceedings 
as  are  now  or  may  hereafter  be  conferred  by  law  upon  Justices 
of  the  Peace. 

Proceedings,  How  Conducted. 

Sec.  3.  Proceedings  in  said  Court  shall  be  conducted  in  ac¬ 
cordance  with  the  laws  of  this  State  regulating  proceedings  in 


Article  V,  Chapter  VIII,  Legal  Department  53 

Justices’  and  Police  Courts  and  appeals  to  the  Superior  Court; 
and  said  Court  or  any  Judge  thereof  shall  have  the  same  power 
in  all  criminal  actions,  cases  and  proceedings  as  are  now  or  may 
be  hereafter  conferred  by  the  general  laws  of  this  State  upon  Jus¬ 
tices  of  the  Peace;  provided,  that: 

First — -No  case  shall  be  dismissed  or  fine  imposed  until  the 
testimony  for  the  prosecution  shall  be  taken. 

Second — Any  defendant  who  neglects  to  file  his  statement  on 
appeal  within  ten  days  after  sentence  shall  lose  his  right  to  ap¬ 
peal1,  unless  good  cause  for  the  delay  be  shown  by  affidavit.  Press 
of  business  on  the  part  of  defendant’s  attorney  shall  not  be 
deemed  good  cause  for  delay.  Unless  the  District  Attorney  shall 
file  amendments  to  the  proposed  statement  on  appeal  within  five 
days  after  the  same  shall  have  been  filed  and  served,  the  proposed 
statement  on  appeal  shall  be  the  statement  on  appeal.  The  Judge 
before  whom  the  case  was  tried  shall  settle  the  statement  on  ap¬ 
peal  within  five  days  after  the  District  Attorney  shall  have  filed 
his  amendments  to  the  proposed  statement. 

Third — Any  person  who  shall  solicit  or  importune  any  of  said 
Judges,  either  before  or  after  judgment,  to  dismiss  a  case,  or  miti¬ 
gate  a  sentence,  unless  the  same  be  done  in  open  court,  shall  be 
guilty  of  a  contempt  of  court. 

Fourth — A  complaint  may  be  demurred  to  on  the  ground  that 
it  does  not  set  forth  the  offense  charged  with  such  particularities 
of  time,  place,  person  and  property  as  to  enable  the  defendant  to 
understand  distinctly  the  character  of  the  offense  complained  of, 
and  the  complaint  may  be  amended  by  permission  of  the  Court 
after  a  demurrer  is  sustained. 

Fifth — A  defendant  in  custody  shall  have  the  right  to  be  tried 
before  a  defendant  on  bail,  and  felonies  shall  be  heard  before  mis¬ 
demeanors. 

Sixth — The  Judges  of  said  Court  shall  try  all  cases  as  speedily 
as  possible,  and  must  refuse  continuances  after  the  first  calling 
of  a  case  for  trial  except  upon  affidavit  showing  good  cause  there¬ 
for. 

Seventh — Other  than  lawfully  authorized  surety  companies,  no 
person  shall  be  eligible  to  be  a  bondsman  for  any  defendant  on 
trial  in  the  Police  Court,  or  on  appeal  from  a  judgment  therein, 
except  he  take  an  oath  that  the  property  specified  in  the  under¬ 
taking  is  in  the  City  and  County  of  San  Francisco,  and  that  he  is 
worth  the  amount  specified,  exclusive  of  property  exempt  from 
execution,  and  exclusive  of  all  demands  for  which  he  may  become 
liable  by  reason  of  the  forfeiture  of  any  appeal  or  bail  bonds  for 
which  he  is  surety. 

District  Attorney  Must  Attend. 

Sec.  4.  The  District  Attorney,  either  in  person  or  by  his  As¬ 
sistants,  must  be  present  at  the  sessions  of  the  Court  and  attend 
to  the  prosecution  of  all  cases  coming  before  it,  and  make  out 


54  Charter  of  the  City  and  County  of  San  Francisco 

all  complaints  and  warrants  for  the  arrest  of  persons  charged 
with  crime  to  be  prosecuted  in  said  Court. 

Warrant  and  Bond  Clerks.  Salaries.  Qualifications.  Duties.  Form  of 
Bonds,  Bail. 

Sec.  5.  The  District  Attorney  shall  appoint  a  Warrant  and 
Bond  Clerk  who  shall  receive  a  salary  of  twenty-four  hundred 
dollars  a  year,  and  three  Assistant  Warrant  and  Bond  Clerks, 
each  of  whom  shall  receive  a  salary  of  fifteen  hundred  dollars 
a  year.  No  person  shall  be  appointed  a  Warrant  and  Bond  Clerk 
who  is  not  at  the  time  of  his  appointment  qualified  to  practice 
in  all  the  Courts  of  this  State.  The  Warrant  and  Bond  Clerk  shall 
keep  his  office  open  continuously  night  and  day  for  the  trans¬ 
action  of  business ;  shall  draw  complaints  in  actions  in  the  Police 
Court,  and  approve  the  same  with  his  written  signature;  shall 
have  the  custody  of  all  bail  bonds  and  appeal  bonds  taken  in  the 
Police  Court;  shall  examine  the  sufficiency  of  every  bail  bond  and 
appeal  bond  taken  in  the  Police  Court  and  make  a  return  thereon, 
within  forty-eight  hours  after  such  bond  shall  have  come  into 
his  possession,  in  the  following  form : 

“I,  . ,  Warrant  and  Bond  Clerk  of  the 

City  and  County  of  San  Francisco,  have  examined  the  within 
bond  and  find  it  good  in  law.  I  have  examined  the  record  of  the 
City  and  County  of  San  Francisco,  and  find  the  property,  its  own¬ 
ers  and  incumbrances  herein  described,  to  be  correct  according 

to  said  records.  (Signed  . ,  Warrant  and  Bond 

Clerk.)  ” 

The  Warrant  and  Bond  Clerk  shall  endorse  upon  the  bond  the 
time  when  it  was  issued  by  him,  or  when  it  came  into  his  posses¬ 
sion.  He  may  issue  bail  bonds  and  appeal  bonds  when  the  lia¬ 
bility  thereof  does  not  exceed  two  thousand  dollars,  and  order  the 
discharge  from  custody  of  the  persons  for  whom  the  bonds  are 
issued;  and  he  may  take  cash  bail  to  the  extent  in  any  one  case 
of  one  thousand  dollars.  He.  must  account  for  and  pay  to  the 
Treasurer  all  moneys  received  as  bail  in  the  manner  that  the 
County  Clerk  is  required  by  law  to  account  for  and  pay  moneys 
received  as  fees.  No  clerk  of  the  Police  Court  shall  ever  take  bail 
or  order  the  release  of  any  one  charged  with  an  offense. 

Fixing  Bail. 

Sec.  6.  Tn  the  matter  of  fixing  bail  and  ordering  the  release 
of  prisoners  the  Warrant  and  Bond  Clerk  shall  be  subject  to  the 
Judges  of  the  Police  Court,  and  any  violation  of  a  valid  order 
of  any  of  said  Judges  shall  be  a  contempt  of  Court. 

Office  Always  Open. 

Sec.  7.  For  any  failure  to  keep  the  office  of  the  Warrant  and 
Bond  Clerk  open  continuously  he  shall  be  immediately  removed 
from  office  by  the  District  Attorney  or  by  the  Mayor. 

Who  May  Accept  Bail. 

Sec.  8.  It  shall  be  a  misdemeanor  for  any  person  other  than 


Article  V,  Chapter  VIII,  Legal  Department  55 

a  Judge  of  some  Court  in  the  City  and  County,  or  other  than  said 
Warrant  and  Bond  Clerk,  to  receive  bail  money  for  defendants 
or  to  order  their  discharge. 

Service  of  Papers. 

Sec.  9.  All  demurrers  to  complaints,  notices  of  motion,  state¬ 
ments  and  bills  of  exception  on  appeal  to  the  Superior  Court, 
must  be  served  upon  the  Assistant  District  Attorney  acting  in  the 
Department  of  the  Court  in  which  the  case  is  set  for  hearing,  or 
heard  or  tried. 

Clerk  of  Police  Court.  Duties. 

Sec.  10.  The  County  Clerk  shall  be  the  Clerk  of  the  Police 
Court,  and  he  must  be  present  either  in  person  or  by  deputy  at 
all  sessions  of  the  Court  in  the  departments  thereof ;  call  the  daily 
calendar  of  the  departments,  and  keep  full  and  complete  records 
of  all  cases  in  the  Court  and  the  disposition  made  thereof  by  the 
Court.  * 

Stenographers.  Duties. 

Sec.  11.  The  Police  Judges  may  appoint  not  more  than  two 
competent  stenographers  who  shall  attend  the  sessions  of  the 
Court  and  take  notes  of  all  preliminary  examinations  made  at  the 
sessions,  and  transcribe  into  type-written  long  hand  all  evidence 
taken  by  either  of  them  where  the  parties  charged  have  been  held 
for  trial,  and  deliver  one  copy  of  the  same  to  the  Clerk  and  one 
copy  to  the  District  Attorney.  Each  of  such  stenographers  shall 
be  paid  for  all  his  services,  including  transcription  and  all  sta¬ 
tionery  used  by  him,  an  annual  salary  of  twenty-four  hundred 
dollars. 

Justices  May  Act. 

Sec.  12.  The  Mayor  may  in  writing  appoint  any  Justice  of  the 
Peace  to  act  as  Judge  of  the  Police  Court,  or  any  department 
thereof,  during  the  temporary  absence  or  inability  of  the  Judge 
to  act. 

Chief  of  Police  to  Furnish  Daily  Calendar  of  Arrests. 

Sec.  13.  The  Chief  of  Police  shall  cause  to  be  made  out  and 
delivered  to  each  of  the  Clerks  of  the  Court  at  or  before  nine 
o  ’clock  in  the  forenoon  of  each  day  a  calendar  of  arrests  in  which 
the  cases  shall  have  been  assigned  to  the  departments  of  the 
Court  in  accordance  with  the  rules  and  regulations  established 
by  the  Police  Judges.  The  calendar  shall  state  ‘‘the  offense 
charged;”  whether  the  defendant  is  “in  custody”  or  “on  bail;” 
“the  amount  of  bail;”  “whether  cash  or  bond,”  and  “the  name  of 
the  arresting  officer.” 

Bailiffs  in  Court. 

Sec.  14.  The  Chief  of  Police  shall  appoint  one  or  more  Police 
Officers  to  attend  the  sessions  of  the  Police  Court  in  each  depart¬ 
ment  thereof  to  preserve  order  and  execute  the  orders  of  the 
Court, 


56  Charter  of  the  City  and  County  of  San  Francisco 

Rules. 

Sf.o.  15.  The  Police  Judges  shall  adopt  all  necessary  rules  and 
regulations  for  conducting  the  business  of  the  Court. 

Attorneys  ’  Qualifications. 

Sec.  16.  No  attorney  shall  appear  in  said  Court  to  prosecute 
or  defend  persons  charged  with  offenses  unless  at  the  time  of  his 
appearance  he  be  qualified  to  practice  law  in  all  the  courts  of  this 
State. 

Police  Judges.  Term  of  Those  Elected  in  1898. 

Sec.  17.  The  term  of  office  of  the  Police  Judges  elected  at  the 
general  election  held  in  the  year  eighteen  hundred  and  ninety- 
eight  shall  terminate  at  the  hour  of  noon  on  the  first  Monday 
after  the  first  day  of  January  in  the  year  nineteen  hundred,  and 
they  shall  at  said  time  be  succeeded  by  the  Police  Judges  provided 
for  in  this  Chapter;  and  all  proceedings  pending  in  said  Court 
shall  be  transferred  to  the  Police  Court  created  under  this  Char¬ 
ter,  and  the  Judges  elected  as  herein  provided  shall  have  and 
obtain  jurisdiction  of  the  same. 

CHAPTER  IX. 

THE  SAN  FRANCISCO  LAW  LIBRARY. 

Law  Library.  Rooms.  Act  of  the  Legislature. 

Section  1.  The  Supervisors  must  provide,  fit  up  and  furnish, 
with  fuel,  lights,  stationery,  and  all  necessary  conveniences,  at¬ 
tendants  and  care,  rooms  conveniemt  and  accessible  to  the  judges 
and  officers  of  the  courts  and  of  the  municipal  government  suffi¬ 
cient  for  the  use  and  accommodation  of  the  San  Francisco  Law 
Library,  established  under  an  Act  of  the  Legislature  of  this  State 
entitled:  “An  Act  to  provide  for  increasing  the  Law  Library  of 
the  corporation  known  as  the  San  Francisco  Law  Library,  and 
to  secure  the  use  of  the  same  to  the  Courts  held  at  San  Francisco, 
the  Bar,  the  City  and  County  Government  and  the  People  of  the 
City  and  County  of  San  Francisco,”  approved  March  9th,  1870. 
The  Supervisors  must  appropriate,  allow  and  order  paid  out  of 
the  proper  fund  such  sums  as  may  be  necessary  for  the  purposes 
aforesaid;  and  all  sums  lawfully  appropriated  and  expended  pur¬ 
suant  hereto  shall  be  paid  out  of  the  proper  fund  on  demands  duly 
audited,  in  the  mode  prescribed  by  this  Charter  for  auditing  other 
demands  upon  the  treasury.  The  County  Clerk  must  pay  monthly 
to  the  Treasurer  of  the  San  Francisco  Law  Library  such  moneys 
as  he  shall  collect  under  the  Act  referred  to  for  the  benefit  of  said 
Law  Library. 


Article  VI,  Chap.  I,  Department  of  Public  Works  57 
ARTICLE  VI. 

DEPARTMENT  OF  PUBLIC  WORKS. 

CHAPTER  I. 

THE  BOARD  OF  PUBLIC  WORKS. 

Board  of  Commissioners.  Appointed  by  Mayor.  Terms.  Qualifications. 

Salary. 

Section  1.  There  shall  be  a  Department  of  Public  Works  un¬ 
der  the  management  of  three  Commissioners  who  shall  constitute 
the  Board  of  Public  Works,  and  who  shall  give  all  their  time  dur¬ 
ing  official  business  hours  to  the  duties  of  their  office.  The  mem¬ 
bers  of  said  Board  shall  be  appointed  by  the  Mayor.  Of  those 
first  appointed  he  shall  appoint  one  for  one  year,  one  for  two 
years,  and  one  for  three  years.  Each  year  thereafter  he  shall 
appoint  for  three  years  one  person  as  the  successor  of  the  Com¬ 
missioner  whose  term  of  office  expires  in  that  year.  All  such  ap¬ 
pointments  shall  be  so  made  that  not  more  than  one  member  shall 
at  any  one  time  belong,  to  the  same  political  party.  No  person 
shall  be  eligible  for  appointment  as  such  Commissioner  unless  he 
is,  and  has  been  for  at  least  five  years  next  preceding  his  appoint¬ 
ment,  an  elector  of  the  City  and  County.  Each  of  said  Commis¬ 
sioners  shall  receive  an  annual  salary  of  four  thousand  dollars. 
President  of  the  Board.  Term. 

Sec.  2.  Of  the  Commissioners  first  appointed  under  this  Char¬ 
ter,  one  shall  be  designated  by  the  Mayor  to  serve  as  President 
for  one  year.  All  subsequent  Presidents  of  the  Board  shall  be 
elected  by  the  members  thereof  for  terms  to  be  fixed  by  said 
Board.  The  President  of  the  Board  shall  in  each  case  hold  office 
until  his  successor  has  been  elected  or  until  his  membership  on 
the  Board  expires. 

Secretary  of  the  Board.  Salary.  Employees.  Compensation. 

Sec.  3.  The  Board  may  appoint  a  Secretary  who  shall  receive 
an  annual  salary  of  eighteen  hundred  dollars.  The  Board  may 
employ  such  clerks,  superintendents,  inspectors,  engineers,  sur¬ 
veyors,  deputies,  architects  and  workmen  as  shall  be  necessary 
to  a  proper  discharge  of  their  duties  under  this  Article,  and  fix 
their  compensation;  but  no  compensation  to  any  of  said  persons 
shall  be  greater  than  is  paid  in  the  ease  of  similar  employments. 
Rules  and  Regulations. 

Sec.  4.  The  Board  shall  establish  all  necessary  rules  and  regu¬ 
lations  for  its  government,  and  for  the  performance  of  its  duties, 
and  for  the  regulation  and  conduct  of  its  officers  and  employees ; 
and  shall  require  adequate  bonds  from  its  officers  and  employees, 
except  laborers,  for  the  faithful  performance  of  all  their  duties 
in  such  sums  as  may  be  fixed  by  the  Supervisors.  Said  bonds 
shall  be  approved  by  the  Mayor  and  shall  be  filed  in  the  office  of 
the  Auditor. 


58  Charter  of  the  City  and  County  of  San  Francisco 
Meetings.  Place  and  Time. 

Sec.  5.  The  Board  shall  hold  regular  meetings  at  least  once 
each  week  at  a  place  and  time  to  be  fixed  by  resolution  entered 
on  its  minutes.  No  changes  in  place  or  time  of  regular  meetings 
shall  be  made  without  a  resolution  passed  at  least  two  weeks  be¬ 
fore  the  time  the  change  is  to  go  into  effect.  Such  special  meet¬ 
ings  may  be  held  as  the  Commissioners  may  deem  necessary  after 
notice  of  the  same  has  been  posted  ten  hours  before  the  time  of 
holding  any  such  meeting.  All  meetings  shall  be  public.  No  busi¬ 
ness  shall  be  transacted  at  an  adjourned  meeting  except  such  as 
may  have  been  under,  or  proposed  for,  consideration  at  the  meet¬ 
ing  from  which  the  adjournment  was  had.  No  business  shall  be 
transacted  at  a  special  meeting  except  that  which  is  named  in  the 
notice  of  said  meeting.  Special  meetings  may  be  called  by  any 
member  of  the  Board.  In  every  case  where  a  power  is  exercised 
under  this  Article  by  the  Board  the  vote  thereon  shall  be  taken 
by  a}^es  and  noes. 

Record  to  Be  Kept.  Duties  of  Secretary. 

Sec.  6.  The  Board  shall  keep  and  preserve  a  record  of  all  its 
proceedings,  and  copies  of  all  plans,  specifications,  reports,  con¬ 
tracts,  estimates,  certificates,  receipts,  surveys,  field  notes,  maps, 
plats.,  profiles,  and  of  all  papers  pertaining  to  the  transactions  of 
the  Board.  The  Secretary  of  the  Board  shall  keep  a  record  of 
all  its  transactions,  specifying  therein  the  names  of  the  Commis¬ 
sioners  present  at  all  the  meetings,  and  giving  the  ayes  and  noes 
upon  all  votes.  The  Secretary  shall  post  and  publish  all  orders, 
resolutions  and  notices  as  required  in  this  Chapter  or  which  the 
Board  shall  order  to  be  posted  or  published.  He  shall  perform 
such  other  duties  as  may  from  time  to  time  be  prescribed  by  the 
Board. 

Fowers  and  Duties  of  the  Board. 

Sec.  7.  The  Board  shall  be  the  successor  in  office  and  shall 
have  all  the  powers  and  perform  all  the  duties  of  the  Superin¬ 
tendent  of  Streets,  Highways  and  Squares,  of  the  New  City  Hall 
Commissioners,  and  of  the  Commissions  in  existence  at  the  time 
this  Charter  goes  into  effect  for  the  opening,  extending,  widening, 
narrowing,  straightening,  closing  or  changing  the  grades  of  streets 
in  the  City  and  County. 

Custodian  of  All  Official  Matters  Relating  to  Streets. 

Sec.  8.  The  Board  shall  immediately  after  its  organization 
take  possession  and  have  the  custody  and  control  of  all  maps, 
plats,  surveys,  field  notes,  records,  plans,  specifications,  reports, 
contracts,  models,  machinery,  instruments,  tools,  appliances, 
contract  rights,  privileges,  books,  documents  and  archives  and 
other  property  belonging  to  the  City  and  County,  or  which  may  be 
of  value  and  importance  to  the  City  and  County,  and  heretofore 
kept  by  or  in  the  offices  of  the  City  and  County  Surveyor,  the 
Superintendent  of  Public  Streets,  Highways  and  Squares,  the 


Article  VI,  Chap.  I,  Department  of  Public  Works  59 

Board  of  New  City  Hall  Commissioners,  and  all  commissions  in 
existence  at  the  time  this  Charter  goes  into  effect  for  the  opening, 
extending,  widening,  narrowing,  straightening,  closing  or  chang¬ 
ing  the  grades  of  streets,  and  all  other  business  and  works  per¬ 
taining  to  any  of  said  offices  or  commissions. 

Matters  Under  Control  of  the  Board. 

Sec.  9.  The  Board  of  Public  Works  shall  have  charge,  super¬ 
intendence  and  control,  under  such  ordinances  as  may  from  time 
to  time  be  adopted  by  the  Supervisors : 

Streets.  Pipes,  Wires,  Sewers,  Etc. 

1.  Of  all  public  ways,  streets,  avenues,  lanes,  alleys,  places, 
courts,  roads,  highways  and  boulevards  now  opened  or  which  may 
hereafter  be  opened  in  the  City  and  County;  of  the  manner  of 
their  use ;  and  of  all  work  done  upon,  over  or  under  the  same ; 
and  herein  particularly  the  Board  shall  have  exclusive  authority 
to  prescribe  rules  and  grant  permits,  in  conformity  with  the  ordi¬ 
nances  of  the  Supervisors,  for  the  moving  of  buildings  through 
the  streets  thereof,  and  the  building  or  placing  of  cellars  or  vaults 
under  the  streets  or  sidewalks,  and  of  temporary  fences  enclosing 
areas  upon  the  sidewalks;  the  laying  down  and  construction  of 
railroad  tracks  in  the  streets :  the  erection  of  telegraph  and  tele¬ 
phone  poles,  and  poles  for  electric  lighting,  and  the  laying  under 
the  surface  of  the  streets  or  sidewalks  of  telegraph  or  telephone 
wires,  and  wires  for  electric  lighting  and  power;  the  construction 
of  drains  and  sewers ;  the  laying  down  and  taking  up  of  gas,  steam 
and  water  pipes,  pneumatic  or  other  tubes  or  pipes,  and  sewers 
and  drains,  and  determining  the  location  thereof;  the  using  of 
the  street  or  any  portion  thereof  for  the  deposit  of  building  ma¬ 
terial  in  front  of  a  building  during  its  construction  or  repair,  or 
for  any  purpose  other  than  such  as  ordinarily  and  properly  be¬ 
longs  to  the  public  from  the  dedication  thereof  to  public  use ;  and 
without  such  permission  in  waiting  from  said  Board  no  person 
shall  do  any  of  the  acts  in  this  section  enumerated;  but  nothing 
in  this  section  shall  be  so  construed  as  to  give  said  Board  the 
power  to  grant  permits  for  or  allow  the  permanent  encroachment 
upon  any  sidewalk  of  any  structure ; 

Drainage. 

2.  Of  all  sewers,  drains  and  cesspools,  and  of  the  work  per¬ 
taining  thereto  or  to  the  drainage  of  the  City  and  County; 
Cleaning  and  Sprinkling,  and  Lighting. 

3.  Of  the  cleaning  and  sprinkling  of  all  public  streets,  avenues, 
alleys,  places,  courts,  roads,  highways  and  boulevards,  and  the 
lighting  of  the  same  and  the  lighting  of  the  parks,  squares  and 
other  public  places  and  public  buildings; 

Public  Buildings. 

4.  Of  the  cleaning  of  all  the  public  buildings  of  the  City  and 
County  and  of  the  appointment  of  such  janitors  and  employees 
as  are  needed  for  such  purpose; 


60  Charter  of  the  City  and  County  of  San  Francisco 
Building  Construction. 

5.  Of  the  supervision  of  any  and  all  building  construction  in 
the  City  and  County : 

Constructing  Public  Buildings. 

6.  Of  the  construction  of  any  and  all  public  buildings  and 
structures,  under  plans  duly  approved  by  the  various  departments, 
including  all  school  houses  and  fire-department  buildings,  and  the 
repair  and  maintenance  of  any  and  all  buildings  and  structures 
owned  by  the  City  and  County; 

Conduits.  Garbage.  Sewer  System. 

7.  Of  any  and  all  wires  and  conduits,  the  collection  and  dis¬ 
posal  of  street  refuse,  garbage  and  sewage,  and  the  designing, 
construction  and  maintenance  of  the  sewerage  and  drainage  sys¬ 
tems  of  the  City  and  County  ; 

Public  Utilities. 

8.  Of  any  and  all  public  utilities  owned,  controlled  or  operated 
by  the  City  and  County,  or  which  may  hereafter  be  so  owned, 
controlled  or  operated. 

Proceedings  Relative  to  Excavation  of  Streets. 

9.  When  at  any  time  any  person,  company  or  corporation  de¬ 
sires  to  have  opened  or  torn  up  the  roadway  of  any  street,  lane, 
alley,  place  or  court  in  the  City  and  County  for  any  purpose,  a 
written  application  shall  be  made  to  the  Board  of  Public  Works 
for  permission  to  do  so.  The  Board  shall  thereupon  make  an  esti¬ 
mate  of  the  expense  of  opening  or  tearing  up  such  street,  lane, 
alley,  place  or  court  and  of  restoring  the  same  to  as  good  a  con¬ 
dition  as  it  was  in  before  said  opening  or  tearing  up.  Such  per¬ 
son,  company  or  corporation  must  thereupon  deposit  the  amount 
of  such  estimate  with  the  Board  of  Public  Works  which  shall 
thereupon  pay  the  same  into  the  General  Fund. 

The  Board  shall  thereupon  proceed  to  open  or  tear  up  said 
street,  lane,  alley,  place  or  court  as  in  said  application  requested, 
and  shall  at  the  proper  time  restore  such  street,  lane,  alley,  place 
or  court  to  as  good  a  condition  as  it  was  in  before  said  opening 
or  tearing  up.  Contracts  for  the  doing  of  such  work  by  the 
Board  may  be  let  b}^  it  in  the  manner  provided  in  this  Chapter,  or 
the  work  may,  at  the  option  of  the  Board,  be  done  by  days’  labor. 

If  the  expense  of  such  work  has  been  more  than  the  aforesaid 
estimate,  the  person,  company  or  corporation  shall  be  indebted 
to  the  City  and  County  for  such  balance ;  and  the  same  shall1  con¬ 
stitute  a  lien  upon  the  property  of  such  person,  company  or  cor¬ 
poration.  Said  lien  shall  remain  in  force  until  such  balance  has 
been  paid,  or  until  the  lien  shall  be  legally  discharged.  Said  lien 
may  be  enforced  by  suit  brought  by  the  City  and  County  in  ac¬ 
cordance  with  the  provisions  of  the  Code  of  Civil  Procedure  of 
the  State  of  California.  If  the  expense  of  such  work  has  been 
less  than  the  aforesaid  estimate,  then  the  surplus  shall  constitute 


Article  VI,  Chap.  I,  Department  of  Public  Works  61 

a  claim  in  favor  of  such  person,  company  or  corporation,  against 
the  City  and  County,  and  as  such  shall  be  presented,  approved  and 
paid  as  other  claims. 

Data  for  Supervisors. 

Sec.  10.  All  examinations,  plans  and  estimates  required  by 
the  Supervisors  in  connection  with  any  public  improvements  or 
utilities,  shall  be  made  by  the  Board  of  Public  Works  and  it  shall, 
when  requested  to  do  so.  furnish  information  and  data  for  the 
use  of  the  Supervisors. 

City  Engineer  and  Duties. 

Sec.  11.  Said  Board  shall  appoint  a  Civil  Engineer  of  not  less 
than  five  years’  practical  experience  as  such,  who  shall  be  desig¬ 
nated  the  City  Engineer.  He  shall  hold  his  office  at  the  pleasure 
of  the  Board. 

He  shall  perform  all  the  civil  engineering  and  surveying  re¬ 
quired  in  the  prosecution  of  the  public  works  and  improvements 
done  under  the  direction  and  supervision  of  said  Board,  and  shall 
certify  to  the  progress  and  completion  of  the  same,  and  do  such 
other  surveying  or  other  work  as  he  may  be  directed  to  do  by  said 
Board  or  by  the  Supervisors.  He  shall  possess  the  same  power  in 
the  City  and  County  in  making  surveys,  plats  and  certificates  as 
is  or  may  from  time  to  time  be  given  by  law  to  City  Engineers 
and  to  County  Surveyors,  and  his  official  acts  and  all  plats,  sur¬ 
veys  and  certificates  made  by  him  shall  have  the  same  validity  and 
be  of  the  same  force  and  effect  as  are  or  may  be  given  by  law  to 
those  of  City  Engineers  and  County  Surveyors.  No  street  assess¬ 
ment  shall  be  valid  without  his  certificate  as  to  the  quantities  and 
unless  it  be  to  the  effect  that  the  work  has  been  done  to  the  offi¬ 
cial  lines,  elevations  and  grades. 

City  Engineer.  Salary  and.  Fees. 

Sec.  12.  He  shall  serve  the  Board  exclusively  and  shall  not 
be  engaged  in  any  other  business  while  he  is  in  its  service.  He 
shall  receive  no  compensation  except  his  salary.  The  Board  shall 
by  resolution  establish  fees  and  charges  for  the  services  to  be 
performed  by  the  City  Engineer  for  persons,  companies  and  cor¬ 
porations,  and  may  from  time  to  time  change  and  adjust  the  same. 
Said  Engineer  shall  require  such  fees  or  charges  to  be  paid  in  ad¬ 
vance  for  any  official  act  or  service  demanded  of  him,  and  such 
moneys  thus  paid  shall  be  paid  to  the  Treasurer  and  credited  by 
him  to  such  fund  or  funds  as  said  Board  may  direct. 

Appointees  of  Board. 

Sec.  13.  The  Board  shall  appoint  the  necessary  heads  of  de¬ 
partments  under  its  charge.  Each  such  head  shall  have  the  sole 
executive  control  in  its  own  department,  subject  to  the  rules  and 
regulations  prescribed  by  the  Board. 

Public  Work  by  Contract. 

Sec.  14.  All  public  work  authorized  by  the  Supervisors  to  be 
done  under  the  supervision  of  the  Board  of  Public  Works  shall, 


0 

62  Charter  of  the  City  and  County  of  San  Francisco 

unless  otherwise  determined  by  the  Board  of  Public  Works,  be 
done  under  written  contract,  except  in  case  of  urgent  necessity 
as  hereinafter  provided;  and  except  as  otherwise  specifically  pro¬ 
vided  in  this  Charter,  the  following  proceedings  shall  be  taken  in 
all  cases  in  the  matter  of  the  letting  of  contracts  by  said  Board. 
Before  the  award  of  any  contract  for  doing  any  work  authorized 
by  this  Article,  the  Board  shall  cause  notice  to  be  posted  con¬ 
spicuously  in  its  office  for  not  less  than  five  days,  and  published 
for  the  same  time,  inviting  sealed  proposals  for  the  work  contem¬ 
plated;  except,  however,  that  when  any  repairs  or  improvement, 
not  exceeding  an  estimated  cost  of  five  hundred  dollars,  shall  be 
deemed  of  urgent  necessity  by  the  Board,  such  repairs  or  improve¬ 
ment  may  be  made  by  the  Board  under  written  contract  or  other¬ 
wise,  without  advertising  for  sealed  proposals. 

Advertisement  for  Proposals. 

Sec.  15.  Said  advertisement  and  notice  shall  invite  sealed  pro¬ 
posals  to  be  delivered  at  a  certain  day  and  hour  at  the  office  of 
the  Board  for  furnishing  the  materials  for  the  proposed  work,  or 
for  doing  said  work,  or  for  both,  as  may  be  deemed  best  by  the 
Board,  and  shall  contain  a  general  description  of  the  work  to  be 
done,  the  materials  to  be  furnished,  the  time  within  which  the 
work  is  to  be  commenced,  and  when  to  be  completed,  and  the 
amount  of  bond  to  be  given  for  the  faithful  performance  of  the 
contract,  and  shall  refer  to  plans  and  specifications  on  file  in  the 
office  of  the  Board  for  full  details  and  description  of  said  work 
and  materials. 

Requirements  for  Bids  for  Public  Work. 

Sec.  16.  All  proposals  shall  be  made  upon  printed  forms  to 
be  prepared  by  the  Board,  and  furnished  gratuitously  upon  ap¬ 
plication,  with  a  form  for  the  affidavit  hereinafter  provided  for 
printed  thereon.  Each  bid  shall  have  thereon  the  affidavit  of  the 
bidder  that  such  bid  is  genuine,  and  not  collusive  or  sham;  that 
he  has  not  colluded,  conspired,  connived  or  agreed,  directly  or  in¬ 
directly,  with  any  other  bidder  or  person  to  put  in  a  sham  bid,  or 
that  such  other  person  shall  refrain  from  bidding ;  and  has  not  in 
any  manner  sought  by  collusion  to  secure  any  advantage  against 
the  City  and  County,  or  any  person  interested  in  said  improve¬ 
ment,  for  himself  or  any  other  person.  All  bids  shall  be  clearly 
and  distinctly  written,  without  any  erasure  or  interlineation,  and 
if  any  bid  shall  have  an  erasure  or  interlineation  it  shall  not  be 
received  or  considered  by  the  Board,  Any  contract  made  in  vio¬ 
lation  of  any  of  the  foregoing  provisions,  and  in  the  case  of  im¬ 
provement  of  streets,  any  assessment  for  the  work  done  under 
such  contract,  shall  be  absolutely  void. 

All  proposals  offered  shall  be  accompanied  by  a  check,  certified 
by  a  responsible  bank,  payable  to  the  order  of  the  Clerk  of  the 
Supervisors,  for  an  amount  not  less  than  ten  per  centum  of  the 


Article  YI,  Chap.  I,  Department  of  Public  Works  63 

aggregate  of  the  proposal,  and  no  proposal  shall  be  considered 
unless  accompanied  by  such  check. 

No  person,  corporation  or  firm  shall  be  allowed  to  make,  file,  or 
be  interested  in,  more  than  one  bid  for  the  same  work.  If  on  the 
opening  of  said  bids  more  than  one  bid  appear  in  which  the  same 
person,  corporation  or  firm  is  interested,  all  such  bids  shall  be 
rejected. 

Delivery  and  Opening  of  Bids,  and  Award  of  Contract. 

Sec.  17.  On  the  day  and  at  the  hour  specified  in  said  notice 
inviting  sealed  proposals  the  Board  shall  assemble  and  remain  in 
session  for  at  least  one  hour,  and  all  bids  shall  be  delivered  to  the 
Board  while  it  is  so  in  session,  and  within  the  hour  named  in  the 
advertisement.  No  bid  not  so  delivered  to  the  Board  shall  be  con¬ 
sidered.  Each  bid  as  it  shall  be  received  shall  be  numbered  and 
marked  “Filed”  by  the  President  and  authenticated  by  his  sig¬ 
nature.  At  the  expiration  of  the  hour  stated  in  the  advertisement 
within  which  the  bids  will  be  received,  the  Board  shall,  in  open 
session,  open,  examine  and  publicly  declare  the  same,  and  an  ab¬ 
stract  of  each  bid  shall  be  recorded  in  the  minutes  of  the  Board 
by  the  Secretary.  Before  adjourning,  the  Board  shall  compare 
the  bids  with  the  record  made  by  the  Secretary,  and  shall  there¬ 
upon.  at  said  time,  or  at  such  other  time,  not  exceeding  twenty 
days  thereafter,  as  the  Board  may  adjourn  to,  award  the  contract 
to  the  lowest  bidder,  except  as  otherwise  herein  provided.  No¬ 
tice  of  such  award  shall  forthwith  be  posted  for  five  days  by  the 
Secretary  of  the  Board  in  some  conspicuous  place  in  the  office  of 
the  Board,  and  be  published  for  the  same  period  of  time. 

The  Board  may  reject  any  and  all  bids,  and  must  reject  the  bid 
of  any  party  who  has  been  delinquent  or  unfaithful  in  any  former 
contract  with  the  City  and  County,  and  all  bids  other  than  the 
lowest  regular  bid ;  and  on  accepting  said  lowest  bid,  shall  there¬ 
upon  return  to  the  proper  parties  the  checks  corresponding  to  the 
bids  so  rejected.  If  all  the  bids  are  rejected,  the  Board  shall  re¬ 
turn  all  the  checks  to  the  proper  parties  and  again  invite  sealed 
proposals  as  in  the  first  instance. 

The  check  accompanying  the  accepted  bid  shall  be  held  by  the 
-Secretary  of  the  Board  until  the  contract  for  doing  said  work, 
as  hereinafter  provided,  has  been  entered  into,  whereupon  said 
certified  check  shall  be  returned  to  said  bidder. 

If  said  bidder  fails  or  refuses  to  enter  into  the  contract  to  do 
said  work,  as  hereinafter  provided,  then  the  certified  check  ac¬ 
companying  his  bid,  and  the  amount  therein  mentioned,  shall  be 
forfeited  to  the  City  and  County,  and  shall  be  collected  and  paid 
into  the  General  Fund.  Neither  the  Board  of  Public  Works  nor 
the  Supervisors  shall  have  poAver  to  relieve  from  or  remit  such 
forfeiture. 

Penalty  for  Collusion. 

Sec.  18.  If  at  any  time  it  shall  be  found  that  the  person  to 


64  Charter  of  the  City  and  County  of  San  Francisco 

whom  a  contract  has  been  awarded  has,  in  presenting  any  bid  or 
bids,  colluded  with  any  other  party  or  parties,  for  the  purpose  of 
preventing  any  other  bid  being  made,  then  the  contract  so  award¬ 
ed  shall  be  null  and  void,  and  the  Board  shall  advertise  for  a  new 
contract  for  said  work. 

Owners  of  Major  Part  of  Frontage  May  Do  the  Work. 

Sec.  19.  In  the  case  of  improvement  of  streets,  the  owners  of 
the  major  part  of  the  frontage  of  lots  and  lands  upon  the  street 
whereon  the  work  is  to  be  done,  or  which  are  liable  to  be  assessed 
for  such  work,  or,  in  the  case  of  an  assessment  district,  the  owners 
of  a  major  part  of  the  superficial  area  embraced  in  such  district, 
or  their  agents,  shall  not  be  required  to  present  sealed  proposals, 
but  may,  upon  making  oath  that  they  are  such  owners,  or  the 
agents  of  such  owners,  within  ten  days  after  the  first  posting  of 
notice  of  said  award,  elect  to  take  said  work  and  enter  into  a  writ¬ 
ten  contract  to  do  the  whole  work  at  the  price  at  which  the  same 
has  been  awarded.  Should  such  owners  not  enter  into  a  written 
contract  therefor  within  said  ten  days,  or  should  they  enter  into 
such  contract  and  fail  to  commence  the  work  within  the  time 
stated  therein,  which  time  shall  not  be  less  than  ten  nor  more 
than  twenty  days  from  the  time  of  the  execution  of  such  contract, 
the  Board  shall  enter  into  a  contract  with  the  original  bidder  to 
whom  the  contract  was  awarded  at  the  price  specified  in  his  bid. 
If  the  original  bidder  shall  fail  or  refuse  for  fifteen  days  after  the 
first  posting  of  notice  of  the  award  to  enter  into  the  contract,  the 
Board  shall  again  advertise  for  proposals  as  in  the  first  instance. 
Failure  to  Complete  Work. 

Sec.  20.  If  the  owners  or  contractor  who  may  have  entered 
into  any  contract  do  not  complete  the  same  within  the  time  limited 
in  the  contract,  or  within  such  further  time  as  is  hereinafter  pro¬ 
vided,  the  Board  may  relet  the  unfinished  portion  of  said  work 
in  accordance  with  the  provisions  in  this  Chapter  prescribed  for 
the  letting  of  the  whole. 

Contracts  by  Board  of  Public  Works.  Bonds  of  Contractors.  Progressive 
Payments. 

Sec.  21.  All  contracts  shall  be  drawn  under  the  supervision 
of  the  City  Attorney,  and  shall  contain  detailed  specifications  of 
the  work  to  be  done,  the  manner  in  which  it  shall  be  executed,  and 
the  quality  of  the  material  to  be  used. 

Every  contract  entered  into  by  the  Board  shall  be  signed  by  all 
the  members  thereof,  and  by  the  other  contracting  party.  All 
coi  tracts  shall  be  signed  in  triplicate,  one  of  which,  with  the 
specifications  and  drawings,  if  any,  of  the  work  to  be  done,  and 
materials  to  be  furnished,  shall  be  filed  with  t-he  Clerk  of  the 
Supervisors;  one  thereof,  with  said  specifications  and  drawings, 
shall  be  kept  in  the  office  of  the  Board,  and  the  other,  with  said 
specifications  and  drawings,  shall  be  delivered  to  the  contractor. 

At  the  same  time  with  the  execution  of  the  contract,  the  con- 


Article  VI,  Chap.  I,  Department  of  Public  Works  65 

tractor  shall  execute  to  the  City  and  County  and  deliver  to  the 
Secretary  of  the  Board  a  bond  in  the  sum  named  in  the  notice  for 
proposals,  with  two  or  more  sufficient  sureties  to  be  approved  by 
the  Board,  or  shall  deposit  with  the  Secretary  a  certified  check 
upon  some  solvent  bank  for  said  amount,  for  the  faithful  per¬ 
formance  of  the  contract.  No  surety  on  any  bond  other  than  law¬ 
fully  authorized  surety  companies  shall  be  taken  unless  he  shall 
be  a  payer  of  taxes  on  real  property,  not  exempt  from  execution 
or  subject  to  homestead  claim,  the  assessed  value  of  which,  over 
and  above  all  incumbrances,  is  equal  in  amount  to  his  liabilities 
on  all  bonds  on  which  he  may  be  surety  to  the  City  and  County 
and  each  surety  shall  justify  and  make  an  affidavit  (for  which  a 
form  shall  be  printed  upon  said  bond)  signed  by  him,  that  he  is 
assessed  upon  the  last  assessment  book  of  the  City  and  County  in 
his  own  name,  for  real  property,  in  an  amount  greater  than  his 
liability  on  all  bonds  on  which  he  is  surety  to  the  City  and  County, 
and  that  the  taxes  on  such  property  so  assessed  are  not  delinquent. 

The  contract  shall  specify  the  time  within  which  the  work  shall 
be  commenced,  and  when  to  be  completed,  as  was  specified  in  the 
notice  inviting  proposals  therefor.  Upon  the  recommendation  of 
the  Board,  the  Supervisors  may  extend  said  time,  but  in  no  event 
shall  the  time  for  the  performance  of  said  contract  be  extended 
by  the  Supervisors  more  than  ninety  days  beyond  the  time  origi¬ 
nally  fixed  for  its  completion ;  but,  on  the  unanimous  recommenda¬ 
tion  of  the  Board  of  Public  Works,  a  further  extension  may  be 
granted  by  vote  of  fourteen  members  of  the  Board  of  Supervisors. 

In  case  of  failure  on  the  part  of  the  contractor  to  complete  his 
contract  within  the  time  fixed  in  the  contract,  or  within  such  ex¬ 
tension  of  said  time  as  is  herein  provided,  his  contract  shall  be 
void,  and  the  Supervisors  shall  not  thereafter  pay  or  allow  to 
him  any  further  compensation  for  any  work  done  by  him  under 
said  contract;  and  in  the  case  of  the  improvement  of  streets, 
where  the  work  is  to  be  paid  for  by  assessment  levied  upon  real 
property,  no  assessment  shall  be  made  for  the  work  done  under 
said  contract. 

Any  contract  may  provide  for  progressive  payments  if  in  the 
ordinance  authorizing  or  ordering  the  work  permission  is  given 
for  such  a  contract.  But  no  progressive  payments  can  be  provided 
for  or  made  at  any  time  which,  with  prior  payments,  if  there  have 
been  such,  shall  exceed  in  amount  at  that  time  seventy-five  per 
cent  of  the  value  of  the  labor  done  and  materials  furnished  and 
used  up  to  that  time,  and  no  contract  shall  provide  for  or  author¬ 
ize  or  permit  the  payment  of  more  than  seventy-five  per  cent  of 
the  contract  price  before  the  completion  and  acceptance  by  the 
proper  officer  or  board  of  the  work  done  under  said  contract. — 
As  amended  November  5,  1907,  approved  by  the  Legislature  No¬ 
vember  23,  1907  ( Statutes  Special  Session,  1907,  page  35). 


66  Charter  of  the  City  and  County  of  San  Francisco 
Acceptance  of  Work. 

Sec.  22.  The  work  in  this  Article  provided  for  must  be  done 
under  the  direction  and  to  the  satisfaction  of  the  Board  of  Public 
Works;  and  the  materials  used  must  be  in  accordance  with  the 
specifications  and  be  to  the  satisfaction  of  said  Board,  and  all 
contracts  provided  for  in  this  Article  must  contain  a  provision  to 
that  effect,  and  also,  that  in  no  case,  except  where  it  is  otherwise 
provided  in  this  Charter,  will  the  City  and  County,  or  any  depart¬ 
ment  or  officer  thereof,  be  liable  for  any  portion  of  the  expense,  or 
in  the  case  of  improvement  of  streets,  for  any  delinquency  of  per¬ 
sons  or  property  assessed. 

When  said  work  shall  have  been  completed  to  the  satisfaction 
and  acceptance  of  the  Board,  it  shall  so  declare  by  resolution,  and 
thereupon  the  Board  shall  deliver  to  the  contractor  a  certificate 
to  that  effect. 


CHAPTER  II. 

IMPROVEMENT  OF  STREETS. 

Street  Improvement.  Width  and  Grade. 

Section  1.  All  streets,  lanes,  alleys,  places  or  courts,  in  the 
City  and  County,  now  open  or  dedicated  or  which  may  hereafter 
be  opened  or  dedicated  to  public  use,  shall  be  deemed  and  held  to 
be  open  public  streets,  lanes,  alleys,  places  or  courts,  for  the  pur¬ 
poses  of  this  Chapter :  and  the  Supervisors  are  hereby  empowered 
to  fix  the  width  and  grade  thereof,  and  to  order  to  be  done  therein 
and  thereon  an}r  and  all  street  work  and  street  improvement  under 
the  proceedings  hereinafter  described. 

Application.  Board  to  Recommend  Work.  Recommendation  of  Board  to 
Supervisors. 

Sec.  2.  Application  for  the  doing  of  any  such  work  or  im¬ 
provement  must  in  the  first  instance,  except  where  otherwise  pro¬ 
vided  in  this  Article,  be  made  in  writing  to  the  Board  of  Public 
Works  by  an  owner  or  owners  of  property  liable  to  be  assessed 
for  the  same,  or  by  their  agents,  or  by  the  Board  of  Health  for 
sanitary  reasons,  or  by  the  Supervisors,  expressed  by  resolution. 

Such  application  need  but  in  general  describe  or  refer  to  the 
work  or  improvement  applied  for;  and  if  the  expense  thereof  or 
any  portion  of  such  expense  is  to  be  assessed  upon  private  prop¬ 
erty,  the  Board  of  Public  Works  shall  investigate  the  same,  and 
may  modify,  amend,  alter,  or  increase  the  same,  as  it  may  deem 
proper;  and  if  the  Board  determine  that  the  work  or  improvement 
so  applied  for,  or  as  so  modified,  amended,  altered  or  increased, 
is  expedient,  it  shall  so  report  to  the  Supervisors;  the  Supervisors 
shall  not  order  any  such  improvement  until  the  same  has  been 
recommended  by  said  Board  When  the  construction  of  any 
sewer  or  drain  shall  involve  a  cost  of  more  than  five  dollars  per 
lineal  foot  for  any  block,  it  shall  not  be  authorized  except  by  an 


Article  VI,  Chap.  II,  Department  of  Public  Works  67 

ordinance  passed  by  the  affirmative  vote  of  not  less  than  fourteen 
members  of  the  Board  of  Supervisors.  If  an  application  is  made 
for  any  work  or  improvement  of  which  the  expense  is  to  be  paid 
by  the  City  and  County,  and  the  Board  of  Public  Works  shall  not 
approve  of  such  application,  it  shall  report  to  the  Supervisors  its 
reasons  for  such  disapproval,  and  the  Supervisors  may  then,  after 
having  obtained  from  the  Board  of  Public  Works  an  estimate  of 
the  expense  of  said  work  or  improvement,  by  ordinance  passed 
by  the  affirmative  vote  of  not  less  than  fourteen  members  of  the 
Board  of  Supervisors,  order  the  doing  of  said  work,  or  the  mak¬ 
ing  of  said  improvement. 

The  Board  of  Public  Works  may  also,  except  as  herein  pro¬ 
hibited,  recommend  any  improvement,  the  expense  of  which  is  to 
be  paid  by  the  City  and  County,  though  no  application  may  have 
been  made  therefor,  and  must  make,  with  said  recommendation  to 
the  Supervisors,  an  estimate  of  the  expense,  and  in  such  case  the 
Supervisors  may  order  the  same  done. 

No  street  work  or  street  improvements  of  any  kind  shall  be  or¬ 
dered  to  be  done  by  the  Supervisors  unless  a  written  recommenda¬ 
tion  to  do  the  same  has  been  made  to  them  by  the  Board  of  Public 
Works,  except  in  the  case  herein  before  provided,  and  all  such 
recommendations  shall  be  made  matters  of  record  in  the  office  of 
said  Board. 

When  the  Board  shall  recommend  any  work  to  be  done  on  a 
street  intersection  or  crossing,  where  the  streets  do  not  intersect 
each  other  at  right  angles,  it  shall  in  each  such  case  determine 
what  lots  in  the  blocks  adjacent  to  such  intersection  or  crossing 
will  be  benefited  by  said  work,  and  shall  cause  a  map  to  be  made 
on  which  shall  be  delineated  the  lots  so  to  be  benefited.  Such  map 
shall  be  transmitted  to  the  Supervisors  with  said  recommendation. 
— As  amended  December  4,  1902,  approved  by  the  Legislature 
February  5,  1903  ( Statutes ,  1903,  page  587). 

Posting  and  Mailing  of  Notices. 

Sec.  3.  Before  recommending  to  the  Supervisors  the  ordering 
of  any  work  or  improvement,  the  expense  of  which,  or  any  part 
thereof,  is  to  be  assessed  upon  private  property,  the  Board  of 
Public  Works  shall  pass  a  resolution  of  its  intention  to  recom¬ 
mend  the  same,  specifying  the  work  to  be  recommended,  and  shall 
fix  a  day  when  it  shall  take  final  action  upon  said  resolution. 

Upon  the  passage  thereof  the  Secretary  of  the  Board  shall  forth¬ 
with,  without  any  further  authority,  cause  a  copy  of  said  resolu¬ 
tion  to  be  posted  conspicuously  for  five  days  in  the  office  *of  said 
Secretary,  and  to  be  published  for  a  period  of  ten  days  (legal 
holidays  excepted)  and  cause  a  copy  to  be  deposited  in  the  Post 
Office  at  the  City  and  County,  with  postage  prepaid,  addressed  to 
each  person  represented  on  the  Assessment  Book  of  the  City  and 
County  for  the  next  preceding  fiscal  year  as  being  owner  of  land 


68  Charter  of  the  City  and  County  of  San  Francisco 

liable  to  be  assessed  for  said  improvement;  but  if  said  lot  stand 
on  said  book  in  the  name  of  unknown  owners,  such  notice  need 
not  be  sent. 

The  Board  shall  also  cause  to  be  conspicuously  posted  along  the 
line  of  said  contemplated  improvement,  at  points  not  more  than 
one  hundred  feet  in  distance  apart,  notices  not  less  than  three  in 
all,  of  the  passage  of  said  resolution.  Each  of  said  notices  shall 
be  headed  “Notice  of  Street  Work '  ’  in  letters  of  not  less  than  two 
inches  in  length,  and  shall  in  legible  characters  state  the  fact  of 
the  passage  of  said  resolution,  its  date,  and  briefly,  the  work  or 
improvement  proposed,  and  refer  to  the  resolution  of  intention  for 
further  particulars. 

Owners  May  Make  Protest.  Proceedings  to  Ee  Taken. 

Sec.  4.  The  owners  of  a  majority  of  the  frontage  of  the  prop¬ 
erty  fronting  on  said  proposed  work  or  improvement,  where  the 
same  is  for  one  block,  or  more,  and,  in  the  case  of  a  district,  those 
owning  more  than  one-half  of  the  superficial  area  of  the  district, 
exclusive  of  street  surface,  may  make  written  objections  to  the 
same  within  ten  days  after  the  expiration  of  the  time  of  the  pub¬ 
lication  of  said  resolution  of  intention,  which  objections  shall  be 
delivered  to  the  Secretary  of  the  Board  of  Public  Works,  who 
shall  indorse  thereon  the  date  of  their  reception  by  him.  Such 
objections  shall  delay  for  six  months  any  further  proceedings  in 
relation  to  the  doing  of  said  work  or  making  said  improvement, 
under  the  said  resolution  of  intention,  unless  the  owners  of  the 
one-half  or  more  of  the  frontage  or  of  the  district,  as  aforesaid, 
shall  meanwhile  petition  for  the  same  to  be  done,  and  thereupon 
the  proceedings  shall  be  continued  under  the  said  resolution  of 
intention,  if  said  Board  shall  deem  proper. 

If,  however,  the  owners  of  at  least  two-thirds  of  the  property 
fronting  on  said  proposed  work  or  improvement,  and,  in  case  of 
a  district,  those  owning  at  least  two-thirds  of  the  superficial  area 
of  the  district,  exclusive  of  street  surface,  shall  make  written  ob¬ 
jections  to  the  said  proposed  work  or  improvement,  after  the  ex¬ 
piration  of  the  time  hereinbefore  fixed  for  making  the  objections 
in  the  first  instance  to  the  same  (and  which  objections  delayed  for 
six  months  any  further  proceedings  in  relation  to  the  doing  of  said 
work  or  making  said  improvement  under  said  resolution  of  in¬ 
tention)  and  before  the  expiration  of  the  said  six  months,  no  fur¬ 
ther  proceedings  shall  be  taken  under  the  said  resolution  of  in¬ 
tention.  But  if  no  such  objections  have  been  made,  then  the  Board 
of  Public  Works,  after  the  expiration  of  said  six  months,  shall, 
if  it  deem  proper,  continue  the  proceedings  under  the  resolution 
of  intention  aforesaid,  notwithstanding  the  objections  first  made, 
as  hereinbefore  provided,  or  any  further  objections  to  the  doing 
of  said  work  or  making,  said  improvement. 

But  when  the  work  or  improvement  proposed  to  be  done  is  the 
construction  of  sewers,  manholes,  culverts,  drains,  cess-pools, 


Article  YI,  Chap.  II,  Department  of  Public  Works  69 

catch  basins  or  storm  water  inlets,  or  of  sidewalks,  or  of  curbs, 
or  any  work  or  improvement  on  a  street  crossing,  or  on  a  street 
intersection,  and  written  objections  thereto  have  been  delivered 
to  the  Secretary  of  the  Board  of  Public  Works  within  the  time 
hereinbefore  provided,  by  the  owners  of  a  majority  of  the  front¬ 
age  or  of  the  district  aforesaid,  and  in  case  of  work  or  improve¬ 
ment  on  a  street  crossing  or  a  street  intersection,  by  the  owners 
of  a  majority  of  the  street  frontage  liable  to  be  assessed  therefor, 
the  Board  shall,  at  its  next  meeting,  fix  a  time  for  hearing  said 
objections,  not  less  than  one  week  thereafter.  The  Secretary  of 
the  Board  shall  thereupon  notify  the  persons  making  such  ob¬ 
jections  by  depositing  a  notice  thereof  in  the  Postoffice  at  the  City 
and  County,  postage  prepaid,  and  addressed  to  each  objector  or 
his  agent  when  he  appears  for  such  objector.  At  the  time  specified 
the  Board  shall  hear  the  objections  urged,  and  pass  upon  the 
same,  and  its  decision  shall  be  final  and  conclusive;  and  if  said 
objections  are  overruled  the  proceedings  shall  be  continued  as 
though  no  objections  had  been  made. 

And  when  not  more  than  two  blocks  on  a  street,  including  street 
crossings,  remain  ungraded  to  the  official  grade,  or  otherwise  un¬ 
improved,  in  whole  or  in  part,  and  a  block  or  more  on  each  side 
upon  such  street  has  been  so  graded  or  otherwise  improved,  or 
when  not  more  than  two  blocks  at  the  end  of  a  street  remain  so 
ungraded  or  otherwise  unimproved,  proceedings  for  the  doing  of 
any  work  or  improvement,  upon  said  intervening  ungraded  or 
unimproved  part  of  said  street,  or  at  the  end  of  a  street,  shall  not 
be  stayed  or  prevented  by  any  written  or  other  objections,  unless 
the  Board  shall  deem  proper. 

And  if  one-half  or  more  in  width  or  in  length,  or  as  to  grading, 
one-half  or  more  of  the  grading  work,  of  any  street  lying  and  be¬ 
ing  between  two  successive  main  street  crossings,  or  if  a  crossing 
has  been  already  partially  graded  or  improved,  as  aforesaid,  the 
Board  may  proceed  as  in  this  Chapter  provided,  to  have  the  re¬ 
mainder  improved,  graded,  or  otherwise,  notwithstanding  any  ob¬ 
jections  of  property  owners. 

In  all  cases  of  work  or  improvement  in  this  section  hereinbefore 
provided,  where  the  Board  of  Public  Works  is  vested  with  power 
to  continue  proceedings  in  relation  to  any  proposed  work  or  im¬ 
provement,  notwithstanding  any  objections  of  property  owners 
to  the  doing  of  the  same,  the  Board  may  determine  that  such  work 
or  improvement  is  expedient,  or  that  the  public  interest  or  con¬ 
venience  requires  the  doing  of  the  same,  and  it  may  institute  pro¬ 
ceedings  therefor  and  the  provisions  of  Section  2  of  this  Chapter, 
requiring  a  written  application  to  the  Board  in  the  first  instance, 
to  be  made  therefor,  shall  not  be  applicable  thereto. 

At  any  time  before  the  making  of  the  assessment  as  hereinafter 
provided,  all  owners  of  lots  of  land  liable  to  assessment  therein, 


70  I  Charter  of  the  City  and  County  of  San  Francisco 

who,  after  the  first  publication  of  the  aforesaid  resolution  of  in¬ 
tention,  mav  feel  aggrieved,  or  who  may  have  objections  to  any 
proceedings  in  relation  to  the  performance  of  the  work  described 
in  said  resolution,  may  file  with  the  Secretary  a  petition  of  remon¬ 
strance,  wherein  they  shall  state  in  what  respect  they  feel  ag¬ 
grieved,  or  the  proceedings  to  which  they  object.  Such  petition 
or  remonstrance  shall  be  passed  upon  by  the  Board,  and  its  de¬ 
cision  thereon  shall  be  final  and  conclusive. — As  amended  Decem¬ 
ber  4,  1902,  approved  by  the  Legislature  February  5,  1903 
{Statutes,  1903,  page  588). 

Improvement  Chargeable  Upon  a  District.  Hearing  of  Objections. 

Sec.  5.  When  the  contemplated  work  or  improvement  in  the 
opinion  of  the  Board  of  Public  Works  is  of  more  than  local  or 
ordinary  public  benefit,  it  may  recommend  to  the  Supervisors  that 
the  expense  of  such  work  or  improvement  be  made  chargeable 
upon  a  district,  and  said  Board  shall  in  its  resolution  of  intention 
set  out  the  district  benefited  by  said  work  or  improvement  and 
to  be  assessed  to  pay  the  expense  thereof.  Objections  to  the  ex¬ 
tent  and  boundaries  of  the  district  of  lands  to  be  benefited  by  said 
work  or  improvement  may  be  made  by  any  interested  party,  in 
writing,  within  ten  days  after  the  expiration  of  the  time  of  pub¬ 
lication  of  the  resolution  of  intention. 

The  Secretary  of  the  Board  shall  lay  said  objections  before  it 
and  the  Board  shall,  at  its  next  meeting,  fix  a  time  for  hearing 
said  objections  not  less  than  one  week  thereafter.  The  Secretary 
shall  thereupon  notify  the  persons  making  such  objections  by 
depositing  a  notice  thereof  in  the  Postoffice  at  the  City  and  Coun¬ 
ty,  postage  prepaid,  addressed  to  each  objector.  At  the  time 
specified  the  Board  shall  hear  the  objections  urged  and  pass  upon 
the  same,  and  if  said  objections  are  overruled,  its  decision  shall  be 
final  and  conclusive  as  to  the  extent  and  boundaries  of  the  district. 

If  the  objections  are  sustained,  the  Board  shall  proceed  to  set 
out  another  district  to  the  extent  and  boundaries  of  which  objec¬ 
tions  may  be  made  and  a  hearing  had  thereon  as  above  provided; 
and  so  on  in  like  manner  until  a  district  has  been  set  out  to  the 
extent  and  boundaries  of  which  all  objections  shall  be  overruled 
by  the  Board — its  decision  in  that  behalf  to  be  final  and  conclu¬ 
sive  ;  and  thereupon  the  proceedings  shall  continue  the  same  as  if 
no  objections  had  been  made.  In  its  report  to  the  Supervisors 
the  Board  shall  accompany  its  report  with  a  diagram  on  which 
shall  be  delineated  each  separate  lot,  piece  or  parcel  of  land,  the 
area  in  square  feet  of  each  of  such  lots,  pieces  or  parcels  of  land, 
and  the  relative  location  of  the  same  to  the  work  or  improvement 
proposed  to  be  done  within  the  limits  of  the  district.  Such  dia¬ 
gram  shall  be  certified  to  be  correct  by  the  Secretary  of  the  Board. 
Completion  of  Work. 

Sec.  6.  When  the  work  under  any  contract  shall  have  been 
completed,  the  contractor  shall  make  and  file  in  the  office  of  the 


Article  VI,  Chap.  II,  Department  of  Public  Works  71 

Board  of  Public  Works  an  affidavit  to  the  effect  that  he  has  not 
entered  into  any  private  agreement,  verbal  or  written,  with  any 
person  liable  to  be  assessed  for  said  work,  or  with  any  one  on  his 
behalf,  to  accept  a  price  from  him  less  than  the  price  named  in 
said  contract,  or  to  make  an}'  rebate  or  deduction  to  him  from 
such  price.  Any  such  agreement  shall  be  deemed  a  fraud  upon 
all  persons  liable  to  be  assessed  for  such  work  other  than  the  prop¬ 
erty  owners  who  were  parties  to  the  agreement,  and  shall  make 
void,  as  to  such  persons  so  defrauded,  any  assessment  made  for 
the  work  done  under  such  contract ;  and  where  there  is  more  than 
one  contractor  each  contractor  shall  make  such  affidavit. 
Completion  of  Contract.  Assessment  to  Pay  for  Same. 

Sec.  7.  When  any  work  in  or  upon  any  public  street  shall 
have  been  completed  according  to  contract,  and  the  affidavit  men¬ 
tioned  in  the  next  preceding  section  shall  have  been  made,  the 
Board  shall  make  an  assessment  to  cover  the  sum  due  for  the 
work  performed  and  specified  in  said  contract  (including  all  in¬ 
cidental  expenses),  in  conformity  with  the  provisions  of  this 
Article,  according  to  the  nature  and  character  of  the  work.  The 
assessment  shall  briefly  refer  to  the  contract,  the  work  contracted 
for  and  performed,  and  shall  show  the  amount  to  be  paid  therefor, 
together  with  any  incidental  expenses,  the  rate  per  front  foot 
assessed,  the  amount  of  each  assessment,  the  name  of  the  owner 
of  each  lot  (if  known  to  the  Board,  and  if  not  known,  the  word 
“unknown”  shall  be  written  opposite  the  number  of  the  lot  and 
the  amount  assessed  thereon)  ;  the  number  of  each  lot  assessed, 
and  shall  have  attached  thereto  a  diagram  exhibiting  the  street 
or  street  crossing  on  which  the  work  has  been  done,  and  showing 
the  relative  location  of  each  distinct  lot  to  the  work  done,  num¬ 
bered  to  correspond  with  the  numbers  in  the  assessment,  and 
showing  the  number  of  front  feet  assessed  for  said  work.  A  mis¬ 
take  in  the  name  of  the  owner  shall  not  invalidate  any  assessment. 

When  the  expense  of  such  work  falls  in  part  upon  any  person, 
company  or  corporation  having  railroad  tracks  upon  the  street 
where  such  work  has  been  done,  said  assessment  shall  include  an 
assessment  against  said  person,  company  or  corporation,  for  its 
legal  proportion  of  said  expense,  and  the  same  shall  constitute 
a  lien  upon  the  road-bed,  rolling  stock,  franchises  and  other  prop¬ 
erty  of  such  person,  company  or  corporation,  for  a  period  of  two 
years  from  the  date  of  recording  the  warrant,  assessment  and  dia¬ 
gram  hereinafter  provided  for. 

Division  of  Expense.  Sewers,  Grading,  Paving,  Assessed  to  Adjacent  Blocks 
or  District.  Railroads  Must  Bear  Proportion. 

Sec.  8.  The  expense  of  all  work  or  improvement  done  upon 
any  part  of  said  streets,  lanes,  alleys,  places  or  courts,  under  the 
order  of  the  Supervisors,  shall  be  borne  and  paid  for  as  follows: 

First — The  City  and  County  shall  pay  out  of  the  General  Fund 
the  expense : 


72  Charter  of  the  City  and  County  of  San  Francisco 

a.  Of  all  work  done  on  streets,  crossings  and  intersections  of 
streets  that  have  been  or  may  be  accepted  by  the  City  and  County, 
after  the  acceptance  of  the  same,  and  all  repairs  and  improve¬ 
ments  deemed  of  urgent  necessity  that  may  be  made  upon  the 
public  streets  and  highways. 

b.  Of  all  work  done  in  front  of,  or  that  may  be  assessed  to, 
property  owned  by  the  City  and  County  or  by  any  department 
thereof. 

c.  Of  all  work  done  in  front  of,  or  that  may  be  assessed  to, 
property  owned  by  the  United  States. 

Second — The  expense  of  all  sewers,  cesspools,  manholes,  cul¬ 
verts  and  drains,  and  of  all  grading,  planking,  macadamizing, 
paving,  piling  and  capping  any  street,  or  portion  thereof,  and  of 
all  curbs  thereon,  and  of  all  work  done  on  sidewalks,  shall  be 
assessed  upon  the  lands  within  the  block  or  blocks  adjacent  there¬ 
to  as  herein  provided,  except  where  by  an  assessment  district  it 
may  be  provided  otherwise. 

Third — The  expense  of  all  work  on  such  portion  of  any  street 
required  by  law  to  be  kept  in  order  by  any  person,  company,  or 
corporation,  having  railroad  tracks  thereon,  shall  be  borne  and 
paid  for  by  such  person,  company  or  corporation,  and  shall  be 
included  in  the  assessment  heeinbefore  provided  for. 

No  assessment  shall  be  levied  upon  any  property,  which,  to¬ 
gether  with  all  assessments  for  street  improvements  that  may  have 
been  levied  upon  the  same  property  during  the  year  next  pre¬ 
ceding,  will  amount  to  a  sum  greater  than  fifty  per  centum  of  the 
value  at  which  said  property  was  assessed  upon  the  last  preceding 
Assessment  Book  of  the  City  and  County. 

How  Assessments  for  Street  Work  Shall  Be  Levied. 

Sec.  9  Subdivision  One — Except  where  the  expense  incurred 
for  the  street  work  and  improvement  authorized  herein  is  to  be 
assessed  upon  a  district  as  hereinafter  provided,  such  expense, 
other  than  that  to  be  paid  by  a  person,  company  or  corporation 
having  tracks  on  the  street  where  such  work  and  improvement 
has  been  done,  shall  be  assessed  upon  the  lots  and  lands  fronting 
thereon,  except  as  hereinafter  specifically  provided;  each  lot  or 
portion  of  a  lot  being  separately  assessed  in  proportion  to  the 
frontage  at  a  rate  per  front  foot  sufficient  to  cover  the  total  ex¬ 
pense  of  the  work. 

Assessment  According  to  Nature  of  Work. 

Subdivision  Two — The  expense  of  all  improvement  except  such 
as  is  done  by  contractors  under  the  provisions  of  Section  16  of 
this  Chapter,  until  the  streets,  avenues,  street  crossings,  lanes/ 
alleys,  places,  or  courts  are  finally  accepted,  as  provided  in  Sec¬ 
tion  23  of  this  Chapter,  shall  be  assessed  upon  the  lots  and  lands 
as  provided  in  this  section  according  to  the  nature  and  character 
of  the  work. 


Article  VI,  Chap.  II,  Department  of  Public  Works  73 
Work  on  Main  Street  Crossings. 

Subdivision  Three — The  expense  of  the  work  done  on  main 
street  crossings  shall  be  assessed  at  a  uniform  rate  per  front  foot 
on  the  quarter  blocks  and  irregular  blocks  adjoining  and  corner¬ 
ing  upon  the  crossings,  and  separately  upon  the  whole  of  each 
lot  or  portion  of  a  lot  having  any  frontage  in  the  said  blocks  front¬ 
ing  on  said  main  streets,  half  way  to  the  next  main  street  cross¬ 
ing,  and  all  the  way  on  said  blocks  to  a  boundary  line  of  the  city 
where  no  such  crossing  intervenes,  but  only  according  to  its  front¬ 
age  in  said  quarter  blocks  and  irregular  blocks. 

Main  Street  Terminating  in  Another  Main  Street. 

Subdivision  Four — Where  a  main  street  terminates  in  another 
main  street,  the  expense  of  the  work  done  on  one-half  of  the  width 
of  the  street  opposite  the  termination  shall  be  assessed  upon  the 
lots  in  each  of  the  two  quarter  blocks  adjoining  and  cornering  on 
the  same,  according  to  the  frontage  of  such  lots  on  said  main 
street,  and  the  expense  of  the  other  half  of  the  width  of  said 
street  upon  the  lot  or  lots  fronting  on  the  latter  half  of  the  street 
at  such  termination. 

Alley  Crossing  Main  Street. 

Subdivision  Five — Where  any  alley  or  subdivision  street  crosses 
a  main  street,  the  expense  of  all  work  done  on  said  crossing  shall 
be  assessed  on  all  lots  or  portions  of  lots  half  way  on  said  alley 
or  subdivision  street  to  the  next  crossing  or  intersection,  or  to  the 
end  of  such  alley  or  subdivision  street  if  it  does  not  meet  another. 
Alley  Crossings. 

Subdivision  Six — The  expense  of  work  done  on  alley  or  sub¬ 
division  street  crossings  shall  be  assessed  upon  the  lots  fronting 
upon  such  alley  or  subdivision  streets  on  each  side  thereof,  in  all 
directions,  half  way  to  the  next  street,  place  or  court,  on  either 
side,  respectively,  or  to  the  end  of  such  alley  or  subdivision  street, 
if  it  does  not  meet  another. 

Alley  Terminating  in  Another  Street. 

Subdivision  Seven — Where  a  subdivision  street,  avenue,  lane, 
alley,  or  place  or  court,  terminates  in  another  street,  avenue,  lane, 
alley,  place,  or  court,  the  expense  of  the  work  done  on  one-half 
the  width  of  the  subdivision  street,  avenue,  alley,  place,  or  court 
opposite  the  termination,  shall  be  assessed  upon  the  lot  or  lots 
fronting  on  such  subdivision  street  or  avenue,  lane,  alley,  place, 
or  court  so  terminating,  according  to  its  frontage  thereon,  half¬ 
way  on  each  side,  respective] y,  to  the  next  street,  avenue,  lane, 
alley,  court,  or  place,  or  the  end  of  such  street,  avenue,  lane,  alley, 
place,  or  court,  if  it  does  not  meet  another,  and  the  other  one- 
half  of  the  width  upon  the  lots  fronting  such  termination. 

Work  to  Complete  Unimproved  Portion  of  Street. 

Subdivision  Eight — Where  any  work  mentioned  in  this  Chapter, 
manholes,  cesspools,  culverts,  crosswalks,  piling  and  capping  ex¬ 
cepted,  is  done  on  either  or  both  sides  of  the  center  line  of  any 


74  Charter  of  the  City  and  County  of  San  Francisco 

street  for  one  block  or  less,  and  further  work  opposite  to  the  work 
of  the  same  class  already  done  is  ordered  to  be  done  to  complete 
the  unimproved  portion  of  said  street,  the  assessment  to  cover  the 
total  expense  of  said  work  so  ordered  shall  be  made  upon  the  lots 
or  portions  of  the  lots  only  fronting  the  portions  of  the  ‘work  so 
ordered.  When  sewering  or  resewering  is  ordered  to  be  done  un¬ 
der  the  sidewalk  or  only  on  one  side  of  street  for  any  length  there¬ 
of,  the  assessment  for  its  expense  shall  be  made  only  upon  the 
lots  and  lands  fronting  nearest  upon  that  side,  and  for  interven¬ 
ing  intersections  only  upon  the  two  quarter  blocks  adjoining  and 
cornering  upon  that  side. 

Owners  May  Do  the  Grading  in  Front  of  Their  Lots. 

Subdivision  Nine — Any  owner  or  owners  of  lots  or  lands  front¬ 
ing  upon  any  street,  the  width  and  grade  of  which  have  been 
established  by  the  Supervisors,  majr  perform  at  his  or  their  own 
expense  (after  obtaining  permission  from  the  Board  of  Public 
Works  so  to  do,  but  before  said  Board  has  passed  its  resolution 
of  intention  to  recommend  grading  inclusive  of  this)  any  grading 
upon  said  street,  to  its  full  width,  or  to  the  center  line  thereof, 
and  to  its  grade  as  then  established,  and  thereupon  may  procure, 
at  his  or  their  own  expense,  a  certificate  from  the  City  Engineer 
setting  forth  the  number  of  cubic  yards  of  cutting  and  filling 
made  by  him  or  them  in  said  grading,  and  the  proportions  per¬ 
formed  by  each  owner,  and  that  the  same  is  done  to  the  estab¬ 
lished  width  and  grade  of  said  street,  or  to  the  center  line  thereof, 
and  thereafter  may  file  said  certificate  in  the  office  of  the  Board. 
Said  certificate  shall  be  recorded  in  a  properly  indexed  book 
kept  for  that  purpose  in  the  office  of  the  Board.  Whenever  there¬ 
after  the  Supervisors  order  the  grading  of  said  street,  nr  any  por¬ 
tion  thereof,  on  which  any  grading  certified  as  aforesaid  has  been 
done,  the  bids  and  contract  must  express  the  price  by  the  cubic 
yard  for  cutting  and  filling  in  grading,  and  such  owner  or  owners, 
and  his  or  their  successors  in  interest,  shall  be  entitled  to  credit 
on  the  assessment  upon  his  or  their  lots  and  lands  fronting  on  said 
street  for  grading  thereof,  to  the  amount  of  the  cubic  yards  of 
cutting  and  filling  set  forth  in  his  or  their  said  certificate,  at  the 
prices  named  in  the  contract  for  said  cutting  and  filling;  or,  if 
the  grade  meanwhile  has  been  legally  changed,  only  for  so  much 
of  said  certified  work  as  would  be  required  for  grading  to  the 
grade  as  changed.  Such  owner  or  owners  shall  not  be  entitled 
to  any  credit  that  may  be  in  excess  of  the  assessments  for  grading 
upon  the  lots  and  lands  owned  by  him  or  them,  and  proportion¬ 
ately  assessed  for  the  whole  of  said  grading.  The  Board  shall  in¬ 
clude  in  the  assessment  for  the  whole  of  said  grading  upon  the 
same  grade  the  number  of  cubic  yards  of  cutting  and  filling  set 
forth  in  any  and  all  certificates  so  recorded  in  his  office,  or  for 
the  whole  of  said  grading  to  the  changed  grade  so  much  of  said 


Article  VI,  Chap.  II,  Department  of  Public  Works  75 

certified  work  as  would  be  required  for  grading  thereto,  and  shall 
enter  corresponding  credits,  deducting  the  same  as  payments 
upon  the  amounts  assessed  against  the  lots  and  lands  owned  re¬ 
spectively  by  said  certified  owners  and  their  successors  in  interest ; 
but  he  shall  not  include  any  grading  quantities  or  credit  any 
sums  in  excess  of  the  proportionate  assessments  for  the  whole  of 
the  grading  which  are  made  upon  any  lots  and  lands  fronting  upon 
said  street  and  belonging  to  any  such  certified  owners  or  their 
successors  in  interest.  When  any  owner  or  owners  of  any  lots  and 
lands  fronting  on  any  street  shall  have  heretofore  done,  or  shall 
hereafter  do  any  work,  except  grading,  on  such  street,  in  front 
of  any  block,  at  his  or  their  own  expense,  and  the  Supervisors 
shall  subsequently  order  any  work  to  be  done  of  the  same  class 
in  front  of  the  same  block,  the  work  so  done  at  the  expense  of 
such  owner  or  owners  shall  be  excepted  from  the  order  ordering 
work  to  be  done,  as  provided  in  subdivision  ten  of  this  section ; 
but  the  work  so  done  at  the  expense  of  such  owner  or  owners 
shall  be  upon  the  official1  grade,  and  in  condition  satisfactory  to 
the  Board  of  Public  Works  at  the  time  said  order  is  passed. 
Resolution  of  Intention. 

Subdivision  Ten — The  Board  of  Public  Works  may  include  in 
the  resolution  of  intention  any  of  the  different  kinds  of  work 
mentioned  in  this  Chapter,  and  it  may  except  therefrom  any  of 
said  work  already  done  upon  the  street  to  the  official  grade.  The 
lots  and  portions  of  lots  fronting  upon  said  accepted  work  already 
done  shall  not  be  included  in  the  frontage  assessment  for  the  class 
of  work  from  which  the  exception  is  made ;  but  this  shall  not  be 
construed  so  as  to  affect  the  special  provisions  as  to  grading  con¬ 
tained  in  subdivision  nine  of  this  section. 

Estimate  and  Assessment  Upon  Completion  of  Contract. 

Subdivision  Eleven — When  the  resolution  of  intention  declares 
that  the  expense  of  the  work  and  improvement  is  to  be  assessed 
upon  a  district,  immediately  after  the  contractor  has  fulfilled  his 
contract  to  the  satisfaction  of  the  Board  of  Public  Works,  or  to 
the  satisfaction  of  the  Supervisors  on  appeal,  the  Board  of  Public 
Works  shall  proceed  to  estimate  upon  the  lands,  lots,  or  portions 
of  lots  within  said  assessment  district,  as  shown  by  the  diagram 
provided  for  in  section  five  of  this  Chapter,  the  benefits  arising 
from  such  work,  and  to  be  received  by  each  such  lot,  portion  of 
such  lot,  piece  or  subdivision  of  land,  and  shall  thereupon  assess 
upon  and  against  said  lands  in  said  assessment  district  the  total 
amount  of  the  expense  of  such  proposed  work,  and  in  so  doing 
shall  assess  said  total  sum  upon  the  several  pieces,  parcels,  lots, 
or  portions  of  lots,  and  subdivisions  of  land  in  said  district  bene¬ 
fited  therebjq  to  wit :  Upon  each  respectively  in  proportion  to  the 
estimated  benefits  to  be  received  by  each  of  said  several  lots,  por¬ 
tions  of  lots,  or  subdivisions  of  land.  In  other  respects  the  assess¬ 
ment  shall  be  as  provided  in  this  Chapter. 


76  Charter  of  the  City  and  County  of  San  Francisco 

Board  May  Establish  Method  of  Assessment. 

Sec.  10.  If  at  anv  time  there  shall  be  any  street  work  or  im¬ 
provement  done,  and  none  of  the  methods  hereinbefore  provided 
are  legally  sufficient  to  authorize  the  Board  of  Public  Works  to 
make  an  assessment  to  pay  for  the  expense  thereof,  then  said 
Board  shall,  before  it  passes  a  resolution  of  its  intention  to  recom¬ 
mend  the  ordering  of  said  work  or  improvement,  establish  by  reso¬ 
lution  a  method  by  means  of  which  such  assessment  shall  be  made ; 
and  on  the  completion  of  the  work  or  improvement  to  the  satisfac¬ 
tion  of  said  Board,  or  to  the  satisfaction  of  the  Supervisors  on  ap¬ 
peal,  said  Board  shall  make  an  assessment  to  pay  the  expense 
thereof  according  to  the  method  established  by  said  resolution. 
Assessments  Authenticated. 

Sec.  11.  In  making  all  assessments  the  Board  of  Public  Works 
shall  act  as  a  Board,  and  the  assessment  shall  be  authenticated  by 
the  signatures  of  all  the  members  thereof. 

Warrant  Attached  to  Assessment.  Form  of  Warrant  for  Street  Work. 

Sec  12.  To  said  assessment  shall  be  attached  a  warrant  which 
shall  be  signed  by  the  President  of  the  Board  of  Public  Works 
and  countersigned  by  the  Secretary  thereof.  Said  warrant  shall 
be  substantially  in  the  following  form: 

By  virtue  hereof  the  Board  of  Public  Works  of  the  City  and 
County  of  San  Francisco,  by  the  authority  vested  in  it,  does  au¬ 
thorize  and  empower  (name  of  contractor)  his  (or  their)  agents, 
or  assigns,  to  demand  and  receive  the  several  assessments  upon 
the  assessment  and  diagram  hereto  attached,  and  this  shall  be 
his  (or  their)  warrant  for  the  same. 

(Date) - .  (Name  of  President  of  Board  of  Public 

W(  rks). 

Countersigned  by  (Name  of  Secretarv  of  Board  of  Public 
Wcrks). 

Said  warrant,  assessment  and  diagram  shall  be  recorded  in  the 
office  of  the  Board.  When  so  recorded  the  several  amounts  as¬ 
sessed  shall  be  a  lien  upon  the  lands,  lots,  or  portions  of  lots  as¬ 
sessed,  respectively  for  the  period  of  two  years  from  the  date  of 
said  recording,  unless  sooner  discharged ;  and  from  and  after  the 
date  of  said  recording  of  any  warrant,  assessment  and  diagram, 
all  persons  interested  in  said  assessment  shall  be  deemed  to  have 
notice  of  the  contents  of  the  record  thereof. 

After  said  warrant,  assessment  and  diagram  are  recorded,  the 
same  shall  be  delivered  to  the  contractor,  or  his  agent  or  assigns, 
on  demand,  but  not  until  after  the  payment  to  the  Board  of  the 
incidental  expenses  not  previously  paid  by  the  contractor  or  his 
assigns.  By  virtue  of  said  warrant  said  contractor,  or  his  agents 
or  assigns,  shall  be  authorized  to  demand  and  receive  the  amount 
of  the  several  assessments  made  to  cover  the  sum  due  for  the 
work  specified  in  such  contracts  and  assessments. 

When  it  shall  appear  by  the  final  judgment  of  any  court  in  this 


77 


Article^VI,  Chap.  II,  Department  of  Public  Works 

State  having  jurisdiction  to  render  such  judgment,  that  any  suit 
brought  to  foreclose  the  lien  of  any  assessment  for  street  work 
made  under  this  Chapter,  or  in  the  recording  thereof,  has  been 
defeated  by  reason  of  any  defect,  error,  informality,  omission, 
irregularity,  or  illegality,  thereof  or  therein,  or  in  the  re¬ 
turn  on  the  warrant  issued  pursuant  to  any  such  assessment,  or 
in  the  recording  of  any  such  warrant,  any  person  interested 
therein  may,  at  any  time  within  seven  months  after  the  entry  of 
said  final  judgment,  apply  to  the  Board  for  another  assessment  to 
be  issued  in  conformity  to  law  ;  and  the  Board  shall,  within  sixty 
days  after  the  time  of  said  application,  make  and  deliver  to  said 
applicant  a  new  assessment,  diagram  and  warrant  in  accordance 
with  law,  and  sign,  record  arid  authenticate  the  same  as  above 
provided.  Such  assessment  shall  be  a  lien  upon  the  lots  of  land 
set  out  therein  for  the  period  of  two  years  from  the  date  of  its 
recording,  and  suit  may  be  brought  to  enforce  said  lien  as  pro¬ 
vided  in  this  Chapter.  Should  such  final  judgment  be  that 
of  the  Superior  Court  for  the  City  and  County  and  an  appeal 
therefrom  to  the  Supreme  Court  of  the  State  has  been  taken,  no 
such  other  assessment  shall  be  made  until  said  appeal  has  been 
determined. 

How  Assessments  Are  Paid. 

Sec.  13.  The  contractor  or  his  assigns,  or  some  person  on  his 
or  their  behalf,  shall  call  upon  the  persons  assessed,  or  their 
agents,  if  they  can  conveniently  be  found,  and  demand  payment 
of  the  amount  assessed  to  each.  If  any  payment  be  made,  the 
contractor,  his  assigns,  or  some  person  on  his  or  their  behalf,  shall 
receipt  the  same  upon  the  assessment  in  the  presence  of  the  per¬ 
son  making  such  payment,  and  shall  also  give  a  receipt  if  demand¬ 
ed.  When  the  persons  so  assessed,  or  their  agents,  cannot  con¬ 
veniently  be  found,  or  when  the  owner  of  the  lot  is  stated  as 
“unknown”  upon  the  assessment,  then  said  contractor  or  his 
assigns,  or  some  person  on  his  or  their  behalf,  shall  publicly  de¬ 
mand  payment  on  the  premises  assessed. 

The  warrant  shall  be  returned  to  the  Board  of  Public  Works 
within  thirty  days  after  its  date  with  a  return  indorsed  thereon, 
signed  by  the  contractor  or  his  assigns,  or  some  person  on  his  or 
their  behalf,  verified  upon  oath,  stating  the  nature  and  character 
of  the  demand,  and  whether  any  of  the  assessments  remain  un¬ 
paid  in  whole  or  in  part,  and  the  amount  thereof.  Thereupon  the 
Secretary  of  the  Board  shall  record  the  return  so  made  in  the 
margin  of  the  record  of  the  warrant  and  assessment. 

The  Board  can  at  any  time  receive  the  amount  due  upon  any 
assessment  and  warrant  issued  by  it  and  give  a  good  and  suffi¬ 
cient  discharge  therefor;  but  no  such  payment  so  made  after 
suit  has  been  commenced  shall  operate,  without  the  consent  of 
the  plaintiff  in  the  action,  as  a  complete  discharge  of  the  lien 
until  the  costs  in  the  action  shall  be  refunded  to  the  plaintiff. 


78  Charter  of  the  Citt  and  County  of  San  Francisco 

The  Board  may  release  any  assessment  upon  the  books  of  its 
office  on  the  payment  to  it  of  the  amount  of  the  assessment,  with 
interest,  against  any  lot,  or  on  the  production  to  it  of  the  receipt 
of  the  party  or  his  assigns  to  whom  the  assessment  and  warrant 
were  issued.  If  any  contractor  shall  fail  to  return  his  warrant 
within  the  time  and  in  the  form  provided  in  this  section  he  shall 
thenceforth  have  no  lien  upon  the  property  assessed;  but  if  any 
warrant  is  lost,  upon  proof  of  such  loss,  a  duplicate  may  be  issued, 
upon  which  a  return  may  be  made  with  the  same  effect  as  if  the 
original  had  been  so  returned.  After  the  return  of  the  assess¬ 
ment  and  warrant  as  aforesaid,  all  amounts  remaining  due  thereon 
shall  draw  interest  at  the  rate  of  seven  per  centum  per  annum 
until  paid. 

Appeal  to  Supervisors  From  Decision  of  Board,  and  Proceedings  Thereon. 

Sec.  14.  The  owners,  whether  named  in  the  assessment  or  not, 
the  contractor  or  his  assigns,  and  all  other  persons  directly  inter¬ 
ested  in  any  w'ork  provided  for  in  this  Chapter,  or  in  the  assess¬ 
ment,  feeling  aggrieved  by  any  act  or  determination  of  the  Board 
of  Public  Works  in  relation  thereto,  or  who  claim  that  the  work 
has  not  been  performed  according  to  the  contract  in  a  good  and 
substantial  manner,  or  having  or  making  any  objection  to  the 
correctness  or  legality  of  the  assessment  or  other  act,  determina¬ 
tion,  or  proceedings  of  the  Board,  shall,  within  thirty  days  after  the 
date  of  the  warrant,  appeal  to  the  Supervisors,  by  briefly  stating 
their  objections  in  writing  and  filing  the  same  with  the  Clerk  of 
the  Supervisors.  Notice  of  the  time  and  place  of  the  hearing, 
briefly  referring  to  the  work  contracted  to  be  done,  or  other  sub¬ 
ject  of  appeal,  and  to  the  acts,  determinations  or  proceedings 
objected  to  or  complained  of,  shall  be  published  for  five  days. 
Upon  such  appeal  the  Supervisors  may  remedy  and  correct  any 
error  or  informality  in  the  proceedings,  and  revise  and  correct 
any  of  the  acts  or  determinations  of  the  Board  relative  to  said 
work,  may  confirm,  amend,  set  aside,  alter,  modify  or  correct  the 
assessment  in  such  manner  as  to  them  shall  seem  just ;  and  require 
the  work  to  be  completed  according  to  the  directions  of  the  Su¬ 
pervisors,  and  may  at  their  option  direct  the  Board  of  Public 
Works  to  correct  the  warrant,  assessment  or  diagram  in  any  par¬ 
ticular,  or  to  make  and  issue  a  new  warrant,  assessment  and  dia¬ 
gram  to  conform  to  the  decisions  of  the  Supervisors  in  relation 
thereto. 

All  the  decisions  and  determinations  of  the  Supervisors,  upon 
notice  and  hearing  as  aforesaid,  shall  be  final  and  conclusive  upon 
all  persons  entitled  to  appeal'  under  the  provisions  of  this  section, 
as  to  all  errors,  informalities  and  irregularities,  which  the  Super¬ 
visors  might  have  remedied  and  avoided ;  and  no  assessment  shall 
be  held  invalid,  except  upon  appeal  to  the  Supervisors,  as  pro¬ 
vided  in  this  section,  for  any  error,  informality  or  other  defect 
in  the  proceedings  prior  to  the  assessment,  or  in  the  assessment 


Article  VI,  Chap.  II,  Department  of  Public  Works  79 

itself,  where  the  Board  of  Public  Works  has  acquired  jurisdic¬ 
tion  to  make  the  same. 

Assessments  Collected  by  Suit. 

Sec.  15.  At  any  time  after  the  period  of  thirty-five  days  from 
the  day  of  the  date  of  the  warrant,  or  if  an  appeal  has  been 
taken  to  the  Supervisors,  then,  at  any  time  after  five  days  from 
the  decision  of  the  Supervisors  on  such  appeal,  or  after  the  return 
on  the  warrant,  after  the  same  may  have  been  corrected,  altered 
or  modified,  as  herein  provided,  but  not  less  than  within  thirty- 
five  days  from  the  date  of  the  warrant,  the  contractor  or  his  as¬ 
signee  may  sue  in  his  own  name  the  owner  or  the  mortgagee  of 
the  land,  lots,  or  portions  of  lots  assessed  on  the  day  of  the  date 
of  the  recording  of  the  warrant,  assessment  and  diagram,  or  any 
day  thereafter  during  the  continuance  of  the  lien  of  said,  assess¬ 
ment,  and  recover  the  amount  of  any  assessment  remaining  un¬ 
paid,  with  interest  thereon  at  the  rate  of  seven  per  centum  per 
annum  until  paid. 

In  all  cases  of  recovery  under  the  provisions  of  this  Chapter 
the  plaintiff  shall  recover  the  sum  of  fifteen  dollars  in  addition  to 
the  taxable  costs,  as  attorney’s  fees,  but  not  any  percentage  upon 
said  recovery.  When  suit  has  been  brought,  after  a  personal 
demand  has  been  made  and  a  refusal  to  pay  such  assessment  so 
demanded,  the  plaintiff  shall  also  be  entitled  to  have  and  recover 
said  sum  of  fifteen  dollars  as  attorney’s  fees  in  addition  to  all 
taxable  costs,  notwithstanding  that  the  suit  may  be  settled  or  a 
tender  be  made  before  a  recovery  in  said  action,  and  he  may 
have  judgment  therefor. 

Said  warrant,  assessment  and  diagram,  with  the  affidavit  of  de¬ 
mand  and  non-payment,  shall  be  held  prima  facie  evidence  of  the 
regularity  and  correctness  of  the  assessment  and  of  the  prior 
proceedings  and  acts  of  the  Board  of  Public  Works  and  of  the 
Supervisors  upon  which  said  warrant,  assessment  and  diagram 
are  based,  and  like  evidence  of  the  right  of  the  plaintiff  to  re¬ 
cover  in  the  action.  The  Court  in  which  said' suit  shall  be  com¬ 
menced  shall  have  power  to  adjudge  and  decree  a  lien  against  the 
lots  of  land  assessed,  and  to  order  such  premises  to  be  sold  on 
execution  as  in  other  cases  of  the  sale  of  real  estate  by  the  process 
of  said  Courts.  In  all  actions  brought  to  enforce  the  lien  of  assess¬ 
ments  made  pursuant  to  the  provisions  of  this  Chapter  the  pro¬ 
ceedings  therein  shall  be  governed  and  regulated  by  the  provis¬ 
ions  of  this  Chapter,  and  when  not  in  conflict  herewith,  by  the 
Codes  of  this  State. 

Repairs  to  Streets  Not  Yet  Accepted  Must  Be  Done  by  Owners;  If  Not 

Done,  Board  May  Do  So.  Bids  for  Repairs.  Owners  Liable  for  Amount. 

Certificate  of  the  Board  Upon  Completion. 

Sec.  16.  When  any  portion  of  the  roadway  of  any  improved 
street,  avenue,  lane,  alley,  court  or  place,  or  any  portion  of  any 
sidewalk,  in  the  City  and  County,  none  of  which  has  been  accept- 


80  Charter  of  the  City  and  County  of  San  Francisco 

ed  by  the  Supervisors  as  in  this  Chapter  provided,  shall  be  so 
out  of  repair  as  to  endanger  persons  or  property  passing  thereon, 
or  so  as  to  interfere  with  the  public  convenience  in  the  use  thereof, 
the  Board  of  Public  Works  shall  require  the  owners  or  occupants 
of  lots  or  portions  of  lots  fronting  on  said  portion  of  said  street, 
avenue,  alley,  lane,  court  or  place,  or  fronting  on  such  portion 
of  said  sidewalk  so  out  of  repair  as  aforesaid,  by  a  notice  in 
writing,  to  be  delivered  to  them  or  their  agents,  to  repair  forth¬ 
with  said  portion  of  said  street,  avenue,  lane,  alley,  court 
or  place,  to  the  center  line  thereof,  or  said  portion  of 
said  sidewalk,  in  front  of  the  property  of  which  he  is 
the  owner,  or  tenant,  or  occupant.  The  Board  shall  particu¬ 
larly  specify  in  said  notice  what  work  is  required  -to  be  done 
and  what  material  shall  be  used  in  said  repairs.  If  said  repairs 
be  not  begun  within  five  days  after  notice  given  as  aforesaid, 
and  diligently  and  without  interruption  prosecuted  to  comple¬ 
tion,  the  Board  may  make  such  repairs,  or  enter  into  a  contract 
with  any  suitable  person,  at  the  expense  of  the  owner,  tenant,  or 
occupant,  after  the  specifications  for  the  doing  of  said  work 
shall  have  been  conspicuously  posted  by  it  in  its  office  for  three 
days,  inviting  bids  for  the  doing  of  said  work.  Said  bids  shall 
be  delivered  to  it  at  its  office  on  or  before  the  second  day  after 
the  completion  of  said  posting,  and  opened  by  it  on  the  next  day 
following;  whereupon  the  contract  shall  be  awarded  to  the  low¬ 
est  responsible  bidder. 

All  of  said  bids  shall  be  preserved  in  the  office  of  the  Board, 
and  shall  be  open  at  all  times  after  the  letting  of  the  contract 
to  the  inspection  of  all  persons ;  and  such  owner,  tenant,  or  oc¬ 
cupant,  shall  be  liable  to  pay  said  contract  price.  Such  work 
shall  be  commenced  within  twenty-four  hours  after  the  contract 
shall  have  been  signed,  and  completed  without  delay  to  the  satis¬ 
faction  of  the  Board.  Upon  the  completion  of  such  repairs  by 
the  contractor  as  aforesaid  to  the  satisfaction  of  the  Board,  it 
shall  make  and  deliver  to  the  contractor  a  certificate  to  the 
effect  that  such  repairs  have  been  properly  made  by  said  con¬ 
tractor  to  the  grade,  and  that  the  charges  for  the  same  are  rea¬ 
sonable  and  just,  and  that  the  Board  of  Public  Works  has 
accepted  the  same. — As  amended  December  4,  1902,  approved  bp 
the  Legislature  February  5,  1903  ( Statutes  1903,  page  589). 
Contractor  May  Sue  for  Amount  Due  on  Repairs. 

Sec.  17.  If  the  expense  of  the  work  and  material  for  the 
repairs  provided  for  in  the  last  preceding  section  be  not  paid  on 
demand  to  the  contractor  so  employed,  or  his  agent  or  assignee, 
said  contractor,  or  his  assignee,  shall  have  the  right  to  sue  such 
owner,  tenant,  or  occupant  for  the  amount  contracted  to  be  paid ; 
and  the  certificate  provided  for  in  said  section  shall  be  prima 
facie  evidence  of  the  amount  claimed  for  said  work  and  mate¬ 
rials,  and  of  the  right  of  the  contractor  to  recover  for  the  same 


Article  VI,  Chap.  II,  Department  of  Public  Works  81 

in  such  action.  Said  certificate  shall  be  recorded  by  the  Board 
of  Public  Works  in  a  book  kept  by  it  in  the  office  for  that  pur¬ 
pose,  properly  indexed,  and  the  sum  contracted  to  be  paid  shall 
be  a  lien  as* in  case  of  other  assessments  provided  for  in  this 
Chapter. 

Supervisors  May  Prescribe  Further  Penalties. 

Sec.  18.  In  addition  to  the  remedies  above  given  the  Super¬ 
visors  may  prescribe  the  penalties  that  shall  be  incurred  by  any 
owner  or  person  neglecting  or  refusing  to  make  repairs  when 
required,  as  hereinbefore  provided.  Such  penalties  shall  be  en¬ 
forced  for  the  use  of  the  City  and  County  by  prosecution  in  the 
name  of  the  People  of  the  State  of  California  in  the  Court  having 
jurisdiction  thereof,  and  may  be  applied  in  the  case  of  fines,  to 
the  payment  of  expense  of  any  such  repairs  not  otherwise  pro¬ 
vided  for. 

“Owner”  of  Property  Defined. 

Sec.  19.  The  person  owning  the  fee,  or  the  mortgagee  of  such 
fee,  or  the  person  who,  on  the  day  the  action  is  commenced, 
appears  by  deed  duly  recorded  in  the  County  Recorder’s  office  of 
the  City  and  County,  to  have  the  legal  title  to  the  land,  or  the 
person  in  possession  of  lands,  lots,  portion  of  lots  or  buildings 
under  claim,  or  exercising  acts  of  ownership  over  the  same  for 
himself,  or  as  executor,  administrator  or  guardian  of  the  owner, 
shall  be  regarded,  treated  and  deemed  to  be  the  “owner”  for 
all  the  purposes  of  this  Chapter.  And  in  case  of  property  leased, 
the  possession  of  the  tenant  or  lessee  holding  and  occupying  under 
such  persons  shall  be  deemed  to  be  the  possession  of  such  owner. 
Lessee  May  Deduct  Payment  From  Rent. 

Sec.  20.  Any  tenant  or  lessee  of  any  lot  of  land  on  which  has 
been  imposed  an  assessment  under  the  provisions  of  this  Chapter 
may  pay  said  assessment,  or  he  may  discharge  any  liability  im¬ 
posed  thereon  by  virtue  of  the  provisions  of  this  Chapter,  or  he 
may  redeem  the  property  within  the  time  prescribed  by  law,  if 
legally  sold  on  execution,  and  may  deduct  the  amount  so  paid 
from  the  rents  due  and  to  become  due  from  him;  and  he  shall 
have  a  lien  upon,  and  may  retain  possession  of,  said  lots  until  the 
amount  so  paid  and  advanced,  with  legal  interest  thereon,  be 
satisfied  from  accruing  rents  or  by  payment  by  the  owner. 

Records  of  Board  Open  to  Inspection. 

Sec.  21.  The  records  kept  by  the  Board  of  Public  Works  shall 
have  the  same  force  and  effect  as  other  public  records,  and  duly 
certified  copies  therefrom  may  be  used  in  evidence  with  the  same 
effect  as  the  originals.  Said  records  shall,  during  all  office  hours, 
be  open,  free  of  charge,  to  the  inspection  of  any  citizen  wishing  to 
examine  them. 

Service  of  Notices. 

Sec.  22.  Notices  in  writing  required  to  be  given  by  the  Board 
may  be  served  by  any  person  over  the  age  of  twenty-one  years, 


82  Charter  of  the  City  and  County  of  San  Francisco 

and  the  fact  of  such  service  may  be  verified  by  the  oath  of  the 
person  making  it.  Such  oath  may  be  taken  before  the  Secretary 
of  said  Board  or  before  any  member  thereof. 

Accepted  .Streets.  City  to  Keep  in  Repair. 

Sec.  23.  When  any  street  or  portion  of  a  street  has  been  or 
shall  hereafter  be  fully  constructed  to  the  satisfaction  of  the 
Board  of  Public  Works  and  of  the  Supervisors,  and  is  in  good 
condition  throughout,  and  a  sewer,  gas  pipes,  and  water  pipes 
are  properly  laid  therein,  the  same  shall  be  accepted  by  the 
Supervisors  by  ordinance ;  and  thereafter  such  street  or  portion 
of  a  street  shall  be  kept  in  repair  and  improved  by  the  City  and 
County.  The  Supervisors  shall  not  accept  any  portion  of  a  street 
less  than  the  entire  width  of  the  roadway,  including  the  curbing, 
and  one  block  in  length,  or  one  entire  crossing;  but  they  may 
partly  or  conditionally  accept  any  street,  without  a  sewer,  or  gas 
pipes  or  water  pipes  therein,  if  the  ordinance  of  acceptance  ex¬ 
pressly  states  that  they  deem  such  sewer,  or  gas  pipes,  or  water 
pipes  to  be  then  unnecessary.  In  such  case  the  lots  of  land  pre¬ 
viously  or  at  any  time  assessable  for  the  cost  of  constructing  a 
sewer  shall  remain  and  be  assessable  for  such  cost  and  for  the 
cost  of  repairs  and  restoration  of  the  street  damaged  in  said 
construction,  whenever  the  Supervisors  shall  deem  a  sewer  to  be 
necessary  and  shall  order  it  to  be  constructed.  The  Board  of 
Public  Works  shall  keep  in  its  office  a  register  of  all  streets  ac¬ 
cepted  by  the  Supervisors  under  this  section,  which  register  shall 
be  indexed  for  easy  reference  thereto. 

Procedure  for  Paving  Railroad  Tracks. 

Sec.  24.  The  Board  of  Public  Works  may  at  any  time,  without 
any  application  therefor,  recommend  to  the  Supervisors  to  order 
the  paving  or  macadamizing  of  the  portion  of  any  street  required 
by  law  to  be  paved  or  macadamized  by  the  person,  company  or 
corporation  having  railroad  tracks  thereon.  Upon  such  recom¬ 
mendation  the  Supervisors  shall  by  ordinance  order  said  wrork 
to  be  done  and  direct  said  Board  to  notify  said  person,  company, 
or  corporation  of  the  fact  of  the  passage  of  such  ordinance. 

The  Secretary  of  said  Board  shall  thereupon  forthwith  in  writ¬ 
ing  notify  said  person,  company  or  corporation  of  the  passage 
of  said  ordinance;  and  if  said  person,  company  or  corporation 
shall  not  within  ten  days  after  receiving  said  notice  commence 
in  good  faith  -to  do  said  work  and  prosecute  the  same  diligently 
to  completion,  the  Board  shall  invite  sealed  proposals  for  doing 
said  work  in  the  manner  provided  in  this  Article;  and  all  the 
provisions  of  this  Article  in  regard  to  such  proposals,  to  the 
awarding  of  contracts,  to  the  execution  of  contracts,  and  to  the 
doing  of  public  work,  shall  apply  to  all  similar  proceedings  taken 
under  this  section.  On  the  completion  of  the  work  to  the  satis¬ 
faction  of  the  Board  the  contractor  shall  be  entitled  to  recover 
from  such  person,  company  or  corporation  the  contract  price  for 


Article  VI,  Chap.  II,  Department  of  Public  Works  83 

the  expense  of  said  work,  together  with  incidental  expenses,  in 
an  action  instituted  in  a  Court  of  competent  jurisdiction.  On 
the  trial  of  such  action,  the  certificate  of  the  Board  of  the  com¬ 
pletion  of  said  work  to  its  satisfaction  shall  be  prima  facie  evi¬ 
dence  of  the  regularity  of  all  the  proceedings  prior  thereto  and 
of  plaintiff’s  right  to  recover  in  said  action. 

Full  Width  of  Street. 

Sec.  25.  Except  as  otherwise  in  this  Chapter  specifically  pro¬ 
vided,  no  ordinance  for  the  improvement  of  any  street  other  than 
for  sewers,  sidewalks  and  curbs,  except  for  the  improvement 
of  the  streets  constituting  or  lying  along  the  water  front  of  the 
City  and  County,  and  except  for  such  work  as  is  provided  for  in 
the  next  preceding  section,  shall  be  passed  by  the  Supervisors 
without  extending  said  improvement  throughout  the  whole  width 
of  such  street. 

Definition  of  Terms.  Use  of  Patented  Pavements. 

Sec.  26.  Wherever  in  this  Article  the  word  “street”  occurs, 
it  shall  be  held  to  include  all  streets,  lanes,  alleys,  places  and 
courts  which  have  been,  or  may  be  hereafter  dedicated  and  open 
to  public  use,  and  whose  grade  and  width  have  been  legally  es¬ 
tablished  ;  and  the  grade  of  all  intermediate  or  intersecting  streets 
in  any  one  block  shall  be  deemed  to  conform  to  the  grades  as  es¬ 
tablished  at  the  crossings  of  the  main  streets. 

The  word  “improvement”  shall  be  held  to  include  grading, 
paving,  planking,  macadamizing,  piling  and  capping;  and  the 
construction  and  repairs  of  sewers,  cess-pools,  manholes,  culverts, 
drains,  sidewalks  and  curbs. 

The  term  “main  street”  shall  mean  such  street  or  streets  as 
bound  a  block,  and  the  term  “street”  shall  include  crossing. 

The  word  “block”  shall  mean  the  blocks  known  or  designated 
as  such  upon  the  maps  and  books  of  the  Assessor. 

The  term  “quarter  block,”  as  used  in  this  Chapter  as  to  irregu¬ 
lar  blocks,  shall  be  deemed  to  include  all  lots  or  portions  of 
lots,  having  any  frontage  ou  either  intersecting  street  half  way 
from  such  intersection  to  the  next  main  street,  or,  when  no  main 
street  intervenes,  all  the  way  to  a  boundary  line  of  the  City  and 
County. 

The  word  “paved”  shall  include  any  pavement  of  stone,  iron, 
wood,  or  other  material  which  the  Supervisors  may  by  ordinance 
order  to  be  used;  but  no  patented  pavement  shall  be  ordered 
during  the  existence  of  the  patent  therefor,  until  the  owner  of  such 
patent  shall  have  transferred  to  the  City  and  County  all  right 
to  the  use  of  the  same  therein.,  with  the  privilege  to  any  person  to 
manufacture  and  lay  the  same  upon  its  streets  under  any  contract 
that  may  be  awarded  to  him,  or  entered  into  by  him  with  the  City 
and  County. 

The  term  “expense”  shall  include  the  price  at  which  the  con¬ 
tract  was  awarded,  and  the  term  “incidental  expenses”  shall  in- 


84  Charter  of  the  City  and  County  of  San  Francisco 

elude  all  expenses  incurred  in  printing  and  advertising  the  work 
contracted  for,  and  all  expenses  for  surveying,  measuring  and  in¬ 
specting  the  work. 

All  notices  and  resolutions  required  in  this  Article  to  be  pub¬ 
lished  shall  be  published  daily,  legal  holidays  excepted,  in  the 
official  newspaper.  , 

All  notices  herein  required  to  be  served,  whether  by  delivery, 
mailing  or  posting,  may  be  so  served  by  any  male  citizen  of  the 
age  of  twenty-one  years,  and  his  affidavit  thereof  shall  be  prima 
facie  evidence  of  such  service.  The  affidavit  by  the  publisher  of 
the  official  newspaper,  or  his  clerk,  of  the  publication  of  any 
notice  required  in  this  Article  to  be  published,  shall  be  puma  facie 
evidence  of  such  publication. 

Procedure  Relating  to  Closing  of  Streets. 

Sec.  27.  When  the  owners  of  all  the  lands  fronting  upon  any 
street  which  is  less  than  forty  feet  in  width,  for  the  entire  distance 
of  said  street,  or  for  the  distance  of  one  or  more  entire  blocks, 
shall  petition  the  Board  of  Public  Works  that  the  said  street, 
or  that  portion  thereof  upon  which  said  lands  front,  be  closed, 
the  Board  may  pass  a  resolution  recommending  that  the  same  be 
closed.  Before  passing  such  resolution  the  Board  shall  cause  a 
notice  of  the  application  to  be  published  in  the  official  newspaper, 
and  shall  fix  a  time  and  place  at  which  it  will  consider  the  same 
and  hear  objections  thereto.  Upon  such  hearing  it  shall'  deter¬ 
mine  whether  it  will  recommend  that  the  street  be  closed ;  and  if 
it  shall  so  determine,  it  shall  transmit  such  recommendation  to  the 
Supervisors.  Thereupon  the  Supervisors  may  pass  an  ordinance 
that  the  street  be  closed ;  and  the  same  shall  not  thereafter  be,  or 
be  deemed  to  be,  a  public  street,  or  subject  to  any  public  expense 
or  improvement ;  and  the  land  theretofore  included  within  the 
roadway  and  sidewalks  of  said  street  shall  thereafter  be  the 
property  of  the  City  and  County.  No  such  ordinance  shall  be 
passed  until  the  petitioners  shall  have  paid  all  the  expenses  of 
said  proceedings. 

New  Streets  and  Subdivisions. 

Sec.  28.  In  all  cases  where  lands  in  the  City  and  County  shall 
be  hereafter  sub-divided  and  laid  out  into  blocks  or  plats,  sub¬ 
lots,  streets  and  alleys,  or  when  new  streets  or  public  grounds 
shall  be  laid  out,  opened,  donated  or  granted  to  the  public  by  any 
proprietor,  the  map  or  plat  thereof  shall  be  submitted  to  the 
Board  of  Public  Works  for  its  approval,  and  if  the  Board  approve 
the  same,  such  approval  shall  be  by  it  indorsed  upon  the  said 
map  or  plat,  and  said  map  with  said  approval  shall  then  be  filed 
in  the  office  of  the  Recorder;  and  without  such  approval  indorsed 
thereon  no  such  map  or  plat  shall  be  filed  in  the  office  of  the  Re¬ 
corder,  or  have  any  validity ;  nor  shall  any  street,  alley,  or  public 
ground  hereafter  opened  and  dedicated  as  such,  become  or  be  a 
public  street  or  be  subject  to  any  public  improvement  or  expense 


Article  VI,  Chap.  II,  Department  of  Public  Works  85 

without  such  approval,  indorsement  and  record.  No  street  here¬ 
after  laid  out  shall  be  approved  or  become  a  public  street  unless 
the  same  shall  be  at  least  forty  feet  in  width  and  two  hundred  feet 
distant  from  any  parallel  street. 

Cleaning  and  Sprinkling  of  Streets.  Districts. 

Sec.  29.  The  Board  shall  cause  the  public  streets  to  be  properly 
cleaned  and  sprinkled  and  for  that  purpose  may  employ  such 
laborers  and  other  employees  as  may  be  necessary,  and  may,  with 
the  consent  of  the  Supervisors,  expressed  by  ordinance,  purchase 
teams,  machinery,  materials  and  other  appliances  as  may  be 
deemed  necessary  for  said  work;  but  the  Board  must  give  the 
preference  to  hand  sweeping  so  far  as  it  can  do  so  with  reference 
to  the  proper  sweeping  of  the  streets  and  the  funds  at  its  disposal. 

.  The  Board  may,  if  the  public  interest  will  be  subserved,  cause 
the  cleaning  and  sprinkling  of  the  public  streets  to  be  performed, 
either  in  whole  or  in  part,  by  public  contract.  In  such  case  the 
Board  shall  divide  the  city,  or  such  portions  of  the  city  as  it  shall 
determine  to  have  cleaned  or  sprinkled  by  public  contract,  into 
such  number  of  districts  as  in  its  judgment  will  best  induce  com¬ 
petition  for  bids,  and  secure  the  cleaning  or  sprinkling  of  such 
streets  at  the  lowest  cost. 

The  Secretary  of  the  Board  shall,  under  its  direction,  cause  to 
be  published  for  a  period  of  ten  (10)  days  a  notice  inviting  pro¬ 
posals  for  cleaning  or  sprinkling  each  of  said  districts  in  accord¬ 
ance  with  the  specifications  on  file  at  the  office  of  the  Board.  Bids 
shall  be  made  for  each  district  separately.  All  the  provisions  of 
this  Article  in  relation  to  the  making  and  opening  of  bids,  award¬ 
ing  of  contracts  and  entering  into  and  performance  of  contracts 
shall  be  applicable  to  said  contracts. — As  amended  December  4^ 

1902,  approved  by  the  Legislature  February  5,  1903  ( Statutes , 

1903,  page  590). 

Urgent  Repairs. 

Sec.  30.  The  Board  shall  cause  to  be  made  all  urgent  repairs 
upon  the  public  streets  that  may  from  time  to  time  be  requisite  for 
the  public  safety,  and  for  that  purpose  may  employ  such  laborers  as 
may  be  necessary,  and  at  such  wages  as  may  be  from  time  to  time 
fixed  by  the  Board ;  but  when  the  expense  of  the  repairs  upon  any 
street  or  portion  of  a  street  shall  exceed  the  sum  of  five  hundred 
dollars,  exclusive  of  materials  to  be  furnished  from  the  Corpora¬ 
tion  Store  Yard,  the  same  shall  be  done  under  contract  awarded 
in  the  manner  provided  in  this  Article. 

Contracts  for  Materials. 

Sec.  31.  The  Board  shall,  from  time  to  time,  after  it  shall  have 
been  directed  so  to  do  by  the  Supervisors  by  ordinance,  invite  pro¬ 
posals  for  supplying  to  the  City  and  County  such  materials  as 
may  be  required  for  the  repair  of  the  public  streets  or  for  any 
improvement  thereof,  and  such  proceedings  shall  be  had  in  award- 


86  Charter  of  the  City  and  County  of  San  Francisco 

ing  the  contracts  therefor  as  are  in  this  Article  provided  for 
awarding  other  contracts. 

Corporation  Store  Yard.  Storekeeper.  Duties. 

Sec.  32.  The  Supervisors  shall  select  some  place  in  the  City 
and  County  which  shall  be  known  as  the  Corporation  Store  Yard, 
wherein  shall  be  kept  all  supplies,  material,  implements  and 
machines  belonging  to  the  City  and  County,  to  be  used  in  repair¬ 
ing  or  cleaning  and  sprinkling  the  streets  or  for  any  improve¬ 
ment  thereon.  The  Board  of  Public  Works  shall  appoint  a  Store¬ 
keeper  for  said  Yard  who  shall  hold  his  office  during  its  pleasure. 
He  shall  have  the  custody  of  said  Yard  and  of  all  the  supplies, 
material  and  implements  therein,  and  shall  keep  books  of  account 
in  which  shall  be  kept  a  systematic  account  of  all  purchases,  and 
of  the  receipt  of  supplies  and  material  under  any  contracts  award¬ 
ed  under  the  provisions  of  the  preceding  section,  and  of  the  de¬ 
livery  thereof,  which  books  shall  at  all  times  show  the  amount 
of  said  material  and  supplies  on  hand  and  in  store,  and  when, 
to  whom,  and  for  what  purpose  each  article  was  delivered.  He 
shall  be  responsible  for  all  material  and  supplies  in  said  Yard, 
and  shall  not  deliver  any  article  except  upon  the  written  order 
or  requisition  of  the  President  and  Secretary  of  the  Board  of 
Public  Works,  and  he  shall  take  the  written  receipt,  indorsed  upon 
said  order,  of  each  person  to  whom  any  delivery  is  made,  specify¬ 
ing  the  date  of  such  delivery  and  the  amount  and  kind  of  material 
and  supplies  delivered.  For  any  deficiency  in  his  accounts  or  for 
the  delivery  of  any  article  without  such  order  or  requisition  and 
receipt,  he  shall  be  liable  upon  his  official  bond.  All  cobble  stones, 
or  stone  blocks  or  other  material  with  which  any  street  or  por¬ 
tion  of  a  street  may  have  been  paved  or  planked  shall,  if  at 
any  time  removed  from  said  street,  be  taken  to  said  Yard,  and 
there  kept,  accounted  for  and  disposed  of  by  the  Storekeeper  in 
the  same  manner  as  other  supplies. 


CHAPTER  III. 

OPENING,  EXTENDING,  WIDENING,  STRAIGHTENING  OR  CLOSING 
UP  OF  STREETS  AND  THE  CONDEMNATION  AND  ACQUISITION 
OF  LAND  AND  PROPERTY  NECESSARY  THEREFOR  AND 
THE  PERFORMANCE  OF  STREET  WORK  IN 
CONNECTION  THEREWITH. 

Power  of  Supervisors  to  Open,  Etc.,  Streets. 

Section  1.  Whenever  the  public  interest  or  convenience  may 
require,  the  Supervisors  shall  have  full  power  and  authority  to 
order  the  opening,  extending,  widening,  straightening  or  closing 
up,  in  whole  or  in  part,  of  any  street,  avenue,  lane,  alley,  court, 
or  place  within  the  City  and  County  and  to  condemn  and  acquire 
any  and  all  land  and  property  necessary  and  convenient  for  that 
purpose. 


Article  VI,  Chap.  Ill,  Department  of  Public  Works  87 

Resolution  of  Intention.  Cost  of  Work;  How  May  Be  Paid. 

Sec.  2.  Before  ordering  any  work  to  be  done  or  improvement 
made,  which  is  authorized  by  the  preceding  section,  the  Super¬ 
visors  shall  pass  a  resolution  declaring  their  intention  so  to  do, 
describing  the  work  or  improvement,  and  the  land  deemed  neces¬ 
sary  to  be  taken  therefor,  and  specifying  the  exterior  boundaries 
of  the  district  of  lands  to  be  affected  or  benefited  by  said  work 
or  improvement,  and  to  be  assessed  to  pay  the  damages,  costs  and 
expenses  thereof. 

The  Supervisors  may,  in  and  by  said  resolution,  declare  and 
determine  that  the  whole  cost  and  expense  of  such  work  or  im¬ 
provement,  or  any  proportion  (hereof,  shall  be  paid  out  of  the  rev¬ 
enues  of  the  City  and  County. 

Posting  of  Notices. 

Sec.  3.  The  Clerk  of  the  Supervisors  shall  transmit  to  the 
Board  of  Public  Works  a  certified  copy  of  such  resolution,  and 
upon  receipt  thereof  said  Board  of  Public  Works  shall  cause  to  be 
conspicuously  posted  along  the  line  of  said  contemplated  work 
or  improvement,  at  not  more  than  three  hundred  feet  in  distance 
apart,  but  not  less  than  three  in  all,  notices  of  the  passage  of  said 
resolution.  Said  notice  shall  be  headed  “ Notice  of  Public  Work” 
in  letters  not  less  than  one  inch  in.  length,  shall  be  in  legible 
characters,  state  the  fact  of  the  passage  of  the  resolution,  its  date, 
and  briefly  the  work  of  improvement  proposed,  and  refer  to  the 
resolution  for  further  particulars.  Said  Board  shall  also  cause 
a  notice,  similar  in  substance,  to  be  published  for  a  period  of  ten 
days  in  the  official  newspaper. 

Objections  and  Hearing  Thereof. 

Sec.  4.  Any  person  interested  objecting  to  said  work  or  im¬ 
provement,  or  to  the  extent  of  the  district  or  lands  to  be  affected 
or  benefited  by  said  work  or  improvement,  and  to  be  assessed  to 
pay  the  cost  and  expenses  thereof,  may  make  written  objections 
to  the  same  within  ten  days  after  the  expiration  of  the  time  of 
the  publication  of  said  notice,  which  objection  shall  be  delivered 
to  the  Clerk  of  the  Supervisors,  who  shall  endorse  thereon  the 
date  of  its  reception  by  him,  and  at  the  next  meeting  of  the  Super¬ 
visors  after  the  expiration  of  said  ten  days  lay  said  objection 
before  the  Supervisors,  who  shall  fix  a  time  for  hearing  said 
objections,  not  less  than  one  week  thereafter.  The  Clerk  of  the 
Supervisors  shall  notify  the  persons  making  such  objections  by 
depositing  a  notice  thereof  in  the  Postoffice,  postage  prepaid,  ad¬ 
dressed  to  such  objector. 

Sec.  5.  At  the  time  specified,  or  to  which  the  hearing  may  be 
adjourned,  the  Supervisors  shall  hear  the  objections  urged,  and 
pass  upon  the  same,  and  their  decision  shall  be  final  and  conclu¬ 
sive.  If  such  objections  are  sustained  all  proceedings  shall  be 
stopped,  but  proceedings  may  again  be  commenced  at  any  time  by 
giving  notice  of  intention  to  do  said  work  or  make  said  improve- 


88  Charter  of  the  City  and  County  of  San  Francisco 

ment.  If  such  objection  is  overruled  by  the  Supervisors,  the 
proceeding's  shall  continue  the  same  as  if  such  objection  had  not 
been  made.  At  the  expiration  of  the  time  prescribed,  during 
which  objections  to  said  work  or  improvement  may  be  made,  if  no 
objections  shall  have  been  made,  or  if  objections  shall  have  been 
made,  and  the  Supervisors,  after  hearing,  shall  have  overruled 
the  same,  the  Supervisors  shall  be  deemed  to  have  acquired 
jurisdiction  to  order  any  of  the  work  to  be  done  or  improvement 
to  be  made  which  are  authorized  by  Section  1  of  this  Chapter, 
and  by  resolution  shall  order  said  work  to  be  done  or  improvement 
to  be  made,  as  the  case  may  be. 

Viewing  of  Lands  by  Board  of  Public  Works. 

Sec.  6.  Upon  the  passage  of  said  resolution  the  Clerk  of  the 
Supervisors  shall  transmit  a  certified  copy  thereof  to  the  Board 
of  Public  Works.  Upon  receipt  of  the  same  said  Board  of  Public 
Works  shall  proceed  to  view  the  lands  described  in  the  resolution 
of  intention,  and  may  examine  witnesses  on  oath  to  be  adminis¬ 
tered  by  any  member  of  said  Board  in  relation  thereto.  Having 
viewed  the  land  to  be  taken,  and  the  improvements  affected,  and 
considered  the  testimony  presented,  they  shall  proceed  with  all 
diligence  to  determine  the  value  of  the  land  and  the  damage  to  im¬ 
provements  and  property  affected,  and  also  the  amount  of  the  ex¬ 
penses  incident  to  said  work  or  improvement,  and,  having  deter¬ 
mined  the  same,  shall  proceed  to  assess  the  same  upon  the  dis¬ 
trict  of  lands  declared  benefited,  the  exterior  boundaries  of  which 
were  fixed  by  the  resolution  of  intention  provided  for  by  Section  2 
hereof.  Such  assessment  shall  be  made  upon  the  lands 
within  said  district  in  proportion  to  the  benefit  to  be  derived 
from  said  work  or  improvement,  so  far  as  said  Board  can  reason¬ 
ably  estimate  the  same,  including  in  such  estimate  the  property  of 
any  railroad  company  within  said  district,  if  such  there  be.  In 
case,  however,  the  Supervisors  shall  have  declared  that  the  whole 
of  such  expense  shall  be  paid. out  of  the  revenues  of  the  City  and 
County,  then  no  such  assessment  shall  be  made,  but  the  Board  of 
Public  Works  shall,  in  such  event,  report  to  the  Supervisors  in  de¬ 
tail  an  estimate  of  the  value  of  the  land  to  be  taken,  the  damages 
to  improvements  and  the  amount  of  expenses  incident  to  said 
work,  and  if  the  Supervisors  shall  approve  such  estimate  they 
shall  order  the  amount  so  fixed  to  be  paid  to  the  persons  respec¬ 
tively  entitled  thereto,  as  in  Section  15  hereof  provided. 

Plat  of  Assessment  District. 

Sec.  7.  Said  Board  of  Public  Works  having  made  their  assess¬ 
ment  of  benefits  and  damages,  shall,  with  all  diligence,  make  a 
written  report  thereof  to  the  Supervisors,  and  shall  accompany 
their  report  with  a  plat  of  the  assessment  district  showing  the 
land  taken  or  to  be  taken  for  the  work  or  improvement,  and  the 
lands  assessed,  showing  the  relative  location  of  each  district, 
block,  lot  or  portion  of  lot,  and  its  dimensions,  so  far  as  can  be 


Article  VI,  Chap.  Ill,  Department  of  Public  Works  89 

reasonably  ascertained.  Each  block  or  lot,  or  portion  of  lot,  taken 
or  assessed,  shall  be  designated  and  described  in  said  plat  by  an 
appropriate  number,  and  a  reference  to  it  by  such  descriptive 
number  shall  be  a  sufficient  description  of  it  in  any  suit  entered  to 
condemn,  and  in  all  respects.  When  the  report  and  plat  are 
approved  by  the  Supervisors,  a  copy  of  said  plat,  appropriately 
designated,  shall  be  filed  by  the  Clerk  thereof  in  the  office  of 
the  Recorder  of  the  City  and  County. 

What  Report  to  Specify. 

-Sec.  8.  Said  report  shall  specify  each  lot,  subdivision  or  piece 
of  property  taken  or  injured  in  the  widening  or  other  improve¬ 
ment,  or  assessed  therefor,  together  with  the  name  of  the  owner 
or  claimants  thereof,  or  of  persons  interested  therein  as  lessees, 
incumbrancers,  or  otherwise,  so  far  as  the  simffi  are  known  to  said 
Board  of  Public  Works,  and  the  particulars  of  their  interest,  so 
far  as  the  same  can  be  ascertained,  and  the  amount  of  value  or 
damage,  or  the  amount  assessed,  as  the  case  may  be. 

Conflicting  Titles. 

Sec.  9.  If  in  any  case  the  Board  of  Public  Works  find  that 
conflicting  claims  of  title  exist,  or  if  they  shall  be  in  ignorance 
or  doubt  as  to  the  ownership  of  any  lot  of  land,  or  of  any  im¬ 
provements  thereon,  or  of  any  interest  therein,  it  shall  be  set 
down  as  belonging  to  unknown  owners.  Error  in  the  designation 
of  the  owner  or  owners  of  any  lot  of  land  or  improvements,  or  of 
the  particulars  of  their  interest,  shall  not  affect  the  validity  of 
the  assessment  or  of  the  condemnation  of  the  property  to  be  taken. 
Publication  of  Notice  to  Show  Cause. 

Sec.  10.  Said  report  and  plat  shall  be  filed  in  the  Clerk’s  office 
of  the  Supervisors,  and  thereupon  the  Clerk  of  said  Board  shall 
give  notice  of  such  filing  by  publication  for  at  least  ten  days  in 
the  official  newspaper.  Said  notice  shall  also  require  all  persons 
interested  to  show  cause,  if  any,  why  such  report  should  not  be 
confirmed,  before  the  Supervisors  on  or  before  a  day  fixed  by  the 
Clerk  thereof,  and  stated  in  said  notice,  which  day  shall'  not  be 
less  than  thirty  days  from  the  first  publication  thereof. 

Hearing  Objections  to  Report. 

Sec.  11.  All  objections  shall  be  in  writing,  and  filed  with  the 
Clerk  of  the  Supervisors,  who  shall,  at  the  next  meeting  after  the 
day  fixed  in  the  notice  to  show  cause,  lay  the  said  objections,  if 
any,  before  the  Supervisors,  who  shall  fix  a  time  for  hearing  the 
same,  of  which  the  Clerk  shall  notify  the  objectors  in  the  same 
manner  as  objectors  to  the  original  resolution  of  intention.  At  the 
time  set,  or  at  such  other  time  as  the  hearing  may  be  adjourned 
to,  the  Supervisors  shall  hear  such  objections  and  pass  upon  the 
same;  and  at  such  time,  or,  if  there  be  no  objections,  at  the  first 
meeting  after  the  day  set  in  said  order  to  show  cause,  or  such 
other  time  as  may  be  fixed,  shall  proceed  to  pass  upon  such  report, 
and  may  confirm,  correct  or  modify  the  same,  or  may  order  the 


90  Charter  of  the  City  and  County  of  San  Francisco 

Board  of  Public  Works  to  make  a  new  assessment,  report  and 
plat,  which  shall  be  filed,  notice  given,  and  hearing  had,  as  in 
the  case  of  an  original  report.  If  the  Supervisors  shall'  have 
determined  that  a  certain  proportion  of  the  cost  and  expense  of 
such  work  and  improvement  shall  be  paid  out  of  the  revenues  of 
the  City  and  County,  they  shall  deduct  such  proportion  from  the 
total  amount  of  the  cost  and  expense  thereof  as  finally  fixed  and 
determine  in  and  by  said  assessment  and  report,  and  the  amount  of 
such  proportion  shall  be  paid  out  of  any  revenues  appropriated 
for  such  purpose  to  the  persons  respectively  entitled  thereto,  at 
the  same  time  and  in  the  same  manner  as  in  Section  15  hereof 
provided,  and  the  balance  shall  be  raised  by  assessment  as  here¬ 
inafter  provided. 

Assessment  Roll,  What  to  Constitute. 

Sec.  .  12.  The  Clerk  oi  the  Supervisors  shall  forward  to  the 
Board  of  Public  Works  a  certified  copy  of  the  report,  assessment 
and  plat,  as  finally  confirmed  and  adopted  by  the  Supervisors, 
with  a  statement  of  any  deduction  that  may  be  made  on  account 
of  payments  made  out  of  the  revenues  of  the  City  and  County, 
as  in  Section  11  provided.  Such  certified  copy  shall  thereupon 
be  the  assessment  roll.  Immediately  upon  receipt  thereof  by  the 
Board  of  Public  Works  the  assessment  therein  contained  shall 
become  due  and  payable,  and  shall -be  a  lien  upon  all  the  property 
contained  or  described  therein. 

Publication  of  Notice  of  Assessment.  Delinquent  Assessments. 

Sec.  13.  The  Board  of  Public  Works  shall  thereupon  give  no¬ 
tice  by  publication  in  the  official  newspaper  for  ten  days  that  it 
has  received  said  assessment  roll',  and  that,  all  sums  levied  and 
assessed  in  said  assessment  roll  are  due  and  payable  immediately, 
and  that  the  payment  of  said  sums  is  to  be  made  to  said  Board 
within  thirty  days  from  the  date  of  the  first  publication  of  said  no¬ 
tice.  Said  notice  shall  also  contain  a  statement  that  all  assess¬ 
ments  not  paid  before  the  expiration  of  said  thirty  days  will  be 
declared  to  be  delinquent,  and  that  thereafter  the  sum  of  five  per 
cent  upon  the  amount  of  each  delinquent  assessment,  together  with 
the  cost  of  advertising  each  delinquent  assessment,  will  be  added 
thereto.  When  payment  of  any  assessment  is  made  to  said  Board  of 
Public  Works  it  shall  cause  to  be  written  the  word  “paid,”  and 
the  date  of  payment,  opposite  the  respective  assessments  so  paid, 
and  the  names  of  persons  by  or  for  whom  said  assessment  is  paid, 
and  shall,  if  so  required,  give  a  receipt  therefor.  On  the  expiration 
of  said  thirty  days  all  assessments  then  unpaid  shall  be  and  be¬ 
come  delinquent,  and  said  Board  of  Public  Works  shall  certify 
such  fact  at  the  foot  of  said  assessment  roll  and  shall  add  five  per 
cent  to  the  amount  of  each  assessment  so  delinquent. 

Sale  of  Delinquent  Property.  Redemption,  How.  Deeds. 

Sec.  14.  The  said  Board  of  Public  Works  shall,  within  five 
days  after  the  date  of  said  delinquency,  proceed  to  advertise  and 


Article  YI,  Chap.  Ill,  Department  of  Public  Works  91 


collect  the  various  sums  delinquent,  and  the  whole  thereof,  includ¬ 
ing  the  cost  of  advertising,  which  last  shall  not  exceed  the  sum  of 
fifty  (50)  cents  for  each  lot,  piece  or  parcel  of  land  separately 
assessed,  by  the  sale  of  the  assessed  property  in  the  same  manner 
as  is  or  may  be  provided  for  the  collection  of  State  and  County 
taxes ;  and  after  the  date  of  said  delinquency,  and  before 
the  time  of  such  sale  herein  provided  for,  no  assessment  shall  be 
received  unless  at  the  same  time  the  five  per  cent  added  thereto, 
as  aforesaid,  together  with  the  costs  of  advertising  then  already 
incurred,  shall  be  paid  therewith.  Said  list  of  delinquent  assess¬ 
ments  shall  be  published  for  five  days  in  the  official1  newspaper 
before  the  day  of  sale  of  such  delinquent  assessment.  Said  time  of 
sale  must  not  be  less  than  seven  days  from  the  date  of  the  first  pub¬ 
lication  of  said  delinquent  assessment  list,  and  the  place  must  be 
in  or  in  front  of  the  office  of  said  Board  of  Public  Works.  All 
property  sold  shall  be  subject  to  redemption  in  the  same  time 
and  manner  as  in  sales  for  delinquent  State  and  County  taxes ;  and 
the  Board  of  Public  Works  may  collect  for  each  certificate  fifty 
cents  and  for  each  deed  one  dollar.  All  provisions  of  the  law, 
in  reference  to  the  same  and  redemption  of  property,  for  de¬ 
linquent  State  and  County  taxes  in  force  at  any  given  time,  shall 
also  then,  so  far  as  the  same  are  not  in  conflict  with  the  provisions 
of  this  Act,  be  applicable  to  the  sale  and  redemption  of  property 
for  delinquent  assessments  hereunder,  including  the  issuance  of 
certain  certificates  and  execution  of  deeds.  The  deed  of  the  Board 
of  Public  Works  made  after  such  sale,  in  case  of  failure  to  redeem, 
shall  be  prima  facie  evidence  of  the  regularity  of  all  proceedings 
hereunder,  and  of  title  in  the  grantee.  It  shall  be  conclusive  evi¬ 
dence  of  the  necessity  of  taking  or  damaging  the  lands  taken 
or  damaged,  and  of  the  correctness  of  the  compensation  awarded 
therefor.  The  Board  of  Public  Works  shall,  from  time  to  time, 
pay  over  to  the  City  Treasurer  all  moneys  collected  by  it  on  ac¬ 
count  of  any  such  assessments.  The  Treasurer  shall,  upon  receipt 
thereof,  place  the  same  in  a  separate  fund,  designating  such  fund 
by  the  name  of  the  street,  avenue,  square,  lane,  alley,  court  or 
place  for  the  widening,  opening  or  other  improvement  of  which 
the  assessment  was  made.  Payment  shall  be  made  from  said  fund 
to  the  parties  entitled  thereto,  upon  warrants  signed  by  the  mem¬ 
bers  of  the  Board  of  Public  Works,  or  a  majority  of  them. 
Payment  of  Damages  Awarded. 

Sec.  15.  When  sufficient  money  is  in  the  hands  of  the  Treas¬ 
urer,  in  the  fund  devoted  to  the  particular  work  or  improvement, 
to  pay  for  the  lands  and  improvements  taken  or  damaged,  and 
when  in  the  discretion  of  the  Board  of  Public  Works  the  time  shall 
have  come  to  make  payments,  it  shall  be  the  duty  of  said  Board 
to  notify  the  owner,  possessor  or  occupant  of  any  land  or  improve¬ 
ments  thereon  to  whom  damages  shall  have  been  awarded,  that  a 
warrant  has  been  drawn  for  the  payment  of  the  same,  and  that  he 


92  Charter  of  the  City  and  County  of  San  Francisco 

can  receive  such  warrant  at  the  office  of  said  Board  upon  tender¬ 
ing  a  conveyance  of  any  property  to  be  taken;  such  notification, 
except  in  the  case  of  unknown  owners,  to  be  made  by  depositing 
a  notice,  postage  paid,  in  the  postoffice,  addressed  to  his  last 
known  place  of  abode  or  residence.  If  at  the  expiration  of  thirty 
days  after  the  deposit  of  such  notice  he  should  not  have  applied 
for  such  warrant,  and  tendered  a  conveyance  of  the  land  to  be 
taken,  the  warrant  so  drawn  shall  be  deposited  with  the  Treasurer 
and  shall  be  delivered  to  such  owner,  possessor,  or  occupant  upon 
tendering  a  conveyance  as  aforesaid,  unless  judgment  of  condem¬ 
nation  shall  be  had,  when  the  same  shall  be  canceled. 

Eminent  Domain.  Deficiency  in  Fund. 

Sec.  16.  If  any  owner  of  land  to  be  taken  neglects  or 
refuses  to  accept  the  warrant  drawn  in  his  favor  as  aforesaid, 
or  objects  to  the  report  as  to  the  necessity  of  taking  his  land,  the 
Board  of  Public  Works  shall  report  such  facts  to  the  Supervisors, 
who  shall  thereupon  cause  proceedings  to  be  taken  for  the  con¬ 
demnation  thereof,  as  provided  by  law  under  the  right  of  eminent 
domain.  The  complaint  may  aver  that  it  is  necessary  for  the  city 
to  take  or  damage  and  condemn  the  said  lands,  or  an  easement 
therein,  as  the  case  may  be,  without  setting  forth  the  proceed¬ 
ings  herein  provided  for.  and  the  resolution  and  ordinance  order¬ 
ing  said  work  to  be  done  shall  be  conclusive  evidence  of  such 
necessity.  Such  proceedings  shall  be  brought  in  the  name  of 
the  City  and  County,  and  have  precedence,  so  far  as  the  business 
of  the  court  will  permit,  and  any  judgment  for  damages  therein 
rendered  shall  be  payable  out  of  such  portion  of  the  special  fund 
as  may  remain  in  the  treasury,  so  far  as  the  same  can  be  applied. 
At  any  time  after  trial  and  after  judgment  has  been  entered,  or 
preceding  an  appeal,  the  court  may  order  the  Treasurer  to  set 
apart  in  the  treasury  a  sufficient  sum  from  the  fund  appropriated 
to  the  particular  improvement  to  answer  the  judgment  and  all 
damages,  and  thereupon  may  authorize  and  order  the  City  and 
County  to  enter  upon  the  land  and  proceed  with  the  proposed 
work  and  improvement.  In  case  of  a  deficiency  in  said  fund  to 
pay  the  whole  of  such  judgment  and  damages,  the  Supervisors 
may,  in  their  discretion,  order  the  balance  thereof  to  be  paid  out 
of  the  general  fund  of  the  treasury  or  to  be  distributed  by  the 
Board  of  Public  Works  over  the  property  by  a  supplementary 
assessment;  but  in  the  last-named  case,  in  order  to  avoid  delay, 
the  Supervisors  may  advance  such  balance  out  of  any  appropriate 
fund  in  the  treasury,  and  reimburse  the  same  from  the  collections 
of  the  assessment.  Pending  the  collection  and  payment  of  the 
amount  of  the  judgment  and  damages,  the  court  may  order  such 
stay  of  proceedings  as  may  be  necessary. 

Payment  of  Warrants. 

Sec.  17.  The  Treasurer  shall  pay  such  warrants  out  of  the 
appropriate  fund,  and  not  otherwise,  in  the  order  of  their  pres- 


Article  VI,  Chap.  IV,  Department  of  Public  Works  _  93 

entation,  provided,  that  warrants  for  land  or  improvements  taken 
or  damaged  shall  have  priority  over  warrants  for  charges  and 
expenses,  and  the  Treasurer  shall  see  that  sufficient  money  is  and 
remains  in  the  fund  to  pay  all  warrants  of  the  first  class  before 
paying  any  of  the  second. 

Supplementary  Assessment. 

Sec.  18.  If  after  the  sale  of  property  for  delinquent  assess¬ 
ments  there  should  be  a  deficiency,  and  there  should  be  unreason¬ 
able  delay  in  collecting  the  same,  or  if  for  the  purpose  of  equaliz¬ 
ing  the  assessments  supplying  a  deficiency,  or  for  any  cause  it  ap¬ 
pears  desirable,  the  Board  of  Public  Works  may  so  report  to  the 
Supervisors.,  who  may  order  them  to  make  a  supplementary 
assessment  and  report  the  same  in  manner  and  form  as  the 
original,  and  subject  to  the  same  procedure.  If  by  reason  of 
such  supplementary  assessment,  or  for  any  cause,  there  should  be 
at  any  time  a  surplus,  the  Supervisors  may  appropriate  the  same 
and  declare  a  dividend  pro  rata  to  the  parties  paying  the  same, 
and  they,  upon  demand,  shall  have  the  right  to  have  the  amount 
of  such  pro  rata  dividends  refunded  to  them,  or  credited  upon 
any  subsequent  assessment  for  taxes  made  against  said  parties  in 
favor  of  said  City  and  County. 

Defective  Titles. 

Sec.  19.  If  any  title  attempted  to  be  acquired  by  virtue  of 
this  Act  shall  be  found  to  be  defective  from  any  cause  the  Super¬ 
visors  may  again  institute  proceedings  to  acquire  the  same  as 
in  this  Chapter  provided,  or  otherwise,  or  may  authorize  the 
Board  of  Public  Works  to  purchase  the  same  and  include  the  cost 
thereof  in  a  supplementary  assessment,  as  provided  in  the  last 
section. — The  entire  20  original  sections  of  Chapter  III  were  re¬ 
pealed  and  the  foregoing  19  sections  of  the  same  Chapter  were 
substituted  in  lieu  thereof  by  amendment  November  5,  1907,  ap¬ 
proved  by  the  Legislature,  November  23,  1907  (Statutes  Special 
Session,  1907,  pages  48-54.) 

CHAPTER  IV. 

SEWERS  AND  DRAINAGE. 

General  Drainage  System. 

Section  1.  The  Board  of  Public  Works  shall  devise  a  general 
system  of  drainage,  which  shall  embrace  all  matters  relative  to  the 
thorough,  systematic  and  effectual  drainage  of  the  City  and  Coun¬ 
ty,  and  shall  from  time  to  time  make  to  the  Supervisors  such 
recommendations  upon  the  subject  of  sewerage  and  drainage  as 
it  may  deem  proper. 

Powers  of  Board. 

Sec.  2.  The  Board  shall  prescribe  the  location,  form  and  ma¬ 
terial  to  be  used  in  the  construction,  reconstruction  and  repairing 
of  all  public  sewers,  manholes,  sinks,  drains,  cesspools,  and  all 


94  Charter  of  the  City  and  County  of  San  Francisco 

other  appurtenances  belonging  to  the  drainage  system,  and  of 
every  private  drain  or  sewer  emptying  into  a  public  sewer,  and 
determine  the  place  and  manner  of  the  connection. 

Rules  and  Regulations. 

Sec.  3.  The  Board  shall  recommend  to  the  Supervisors  rules 
and  regulations  concerning  the  public  and  private  sewers  and 
drains  in  the  City  and  County,  and  upon  recommendation  of  said 
Board,  the  Supervisors  are  authorized  to  pass  an  ordinance  estab¬ 
lishing  the  same  and  prescribing  the  penalties  for  any  violation 
thereof. 

Permits  to  Make  Connections. 

Sec.  4.  No  person  shall  connect  with,  or  open  or  penetrate, 
any  public  sewer  or  drain  without  first  obtaining  a  permit  in 
writing  from  said  Board,  and  complying  with  the  rules  and  regu¬ 
lations  of  the  Board  in  reference  thereto. 

Recommendations  by  Board. 

Sec.  5.  The  Board  may  also  recommend  to  the  Supervisors 
the  construction  of  such  canals,  sewers,  tunnels,  ditches,  drains, 
embankments,  reservoirs,  pumping  works,  machinery  and  other 
works  necessary  for  the  proper  and  effectual  drainage  of  the  City 
and  County,  together  with  plans  for  connecting  the  same  with 
sewers  and  private  drains  already  constructed  or  thereafter  to  be 
constructed. 

Purchase  of  Property. 

Sec.  6.  The  Supervisors  may,  upon  the  recommendation  of  the 
Board  of  Public  Works,  by  ordinance  passed  by  not  less  than 
fourteen  affirmative  votes,  authorize  the  purchase  of  anj^  personal 
property  or  the  acquisition  by  purchase  or  condemnation  of  any 
real  estate  which  may  be  necessary  for  the  construction  of  any 
sewer  or  the  making  of  any  improvement  provided  for  in  this 
Chapter. 

Agreement  on  Damages. 

Sec.  7.  The  Board  may,  with  the  like  approval  of  the  Super¬ 
visors,  agree  with  the  owners  of  any  real  estate,  upon  which  it  is 
deemed  desirable  to  construct  anjr  sewer  or  other  improvement 
relative  to  sewerage  or  drainage,  upon  the  amount  of  damage  to 
be  paid  to  such  owners  for  the  purpose  of  such  improvement  and 
for  the  perpetual  use  of  said  real  estate  for  such  purpose. 

Power  to  Construct  Works. 

Sec.  8.  The  Board  may,  when  authorized  by  ordinance  of  the 
Supervisors  passed  by  not  less  than  fourteen  affirmative  votes, 
construct  such  sewers,  reservoirs  and  pumping  works  as  may  be 
necessary  to  carry  out  the  general  system  of  seAverage  for  the  City 
and  County. 

Condemnation  of  Property.  Proceedings. 

Sec.  9.  When,  upon  the  recommendation  of  the  Board  of  Pub¬ 
lic  Works,  the  Supervisors  shall  determine  upon  any  improve- 


Article  VI,  Chaps.  V  and  VI,  Department  of  Public  Works  95 

ment  for  the  purpose  of  sewerage  and  drainage  which  necessitates 
the  acquisition  or  condemnation  of  private  property,  and  the 
Board  is  unable  to  agree  with  the  owner  thereof,  upon  the  amount 
of  compensation  or  damages  to  be  paid  therefor,  or  when  such 
owner  is  in  any  way  incapable  of  making  any  agreement  in  refer¬ 
ence  thereto,  and  in  all  cases  in  which  the  Board  shall  deem  it 
most  expedient,  it  shall,  when  authorized  by  the  Supervisors  ex¬ 
pressed  by  ordinance,  have  the  right  to  cause  said  property  to  be 
condemned,  and  to  institute  proceedings  for  the  condemnation  of 
such  property,  or  for  the  ascertainment  of  such  damages  in  the 
manner,  so  far  as  the  same  may  be  applicable,  which  is  provided 
in  this  Article  for  the  condemnation  of  real  estate  when  necessary 
for  the  opening  of  any  new  street. 


CHAPTER  V. 

HARBORS  AND  WHARVES. 

Supervisors  to  Control  Wharves  and  Harbor. 

Section  1.  All1  the  Wharves.  Water  Front  and  Harbor  of  San 
Francisco  which  now  belong  or  may  hereafter  belong  to  the  City 
and  County,  or  over  which  it  may  at  any  time  lawfully  exercise 
jurisdiction  and  control,  shall  be  under  the  management  and  con¬ 
trol  of  the  Supervisors.  All  said  wharves  shall  be  built  and  re¬ 
paired  by  the  Board  of  Public  Works,  after  proceedings  had  as 
provided  in  this  Article  for  the  improvement  or  repair  of  public 
buildings. 

Tolls  to  Be  Regulated  by  Ordinance. 

Sec.  2.  The  Supervisors  shall  by  ordinance  fix  and  regulate 
the  tolls  for  wharfage  and  dockage,  and  shall  provide  for  the  col¬ 
lection  of  the  same,  except  where  the  wharves  are  under  the  juris¬ 
diction  of  the  Board  of  State  Harbor  Commissioners,  or  may  pro¬ 
vide  that  no  charges,  tolls,  dockage  or  wharfage  be  imposed  or 
collected.  The  Supervisors  shall  not  have  power  to  dispose  of 
any  wharf,  but  they  may  lease  any  wharf  for  a  term  not  exceed¬ 
ing  two  years. 

CHAPTER  VI. 

RELATING  TO  THE  MODIFICATION  OR  CHANGE  OF  STREET  GRADES 
AND  THE  PERFORMANCE  OF  STREET  WORK  IN 
CONNECTION  THEREWITH. 

Street  Grades,  How  May  Be  Changed. 

Section  1.  The  Board  of  Supervisors  is  hereby  empowered,  on 
the  written  recommendation  of  the  Board  of  Public  Works,  to 
change  or  modify  the  grade  of  any  public  street,  avenue,  lane, 
alley,  place  or  court  to  the  grade  set  out  in  such  recommendation, 
and  to  regrade,  repave,  sewer,  sidewalk,  curb  or  otherwise  im¬ 
prove  the  same,  so  as  to  conform  to  such  change  or  modified 
grade  in  the  manner  as  hereinafter  provided.  Before  any  change 


96  Charter  of  the  City  and  County  of  San  Francisco 

of  grade  is  attempted,  the  Board  of  Supervisors  shall  pass  a  reso¬ 
lution  of  intention  to  make  such  change  or  modification  of  grade, 
and  it  shall  in  the  same  resolution,  when  regrading,  repaving, 
side  walking,  sewering,  curbing  or  other  improvement  on  such 
street  or  streets  is  contemplated  in  connection  therewith,  define 
and  establish  the  district  benefited  and  to  be  assessed  for  the  pay¬ 
ment  of  damages  and  for  the  expense  of  regrading,  repaving, 
sewering,  sidewalking,  curbing,  or  otherwise  improving  such 
street  or  streets  so  as  to  conform  with  such  change  or  modified 
grade;  and  it  shall  have  power  at  the  same  time  and  in  the  same 
resolution  to  provide  for  the  actual  cost  of  performing  the  work  of 
regrading,  repaving,  sewering,  sidewalking,  curbing  or  otherwise 
improving  such  street  or  streets  or  portion  or  portions  thereof  with 
the  same  or  other  material  with  which  it  was  formerly  graded, 
paved,  sewered,  sidew^alked,  curbed  or  otherwise  improved,  briefly 
describing  the  work  to  be  done  and  providing  that  the  cost  of  the 
same  shall  also  be  assessed  upon  the  same  district  which  is  declared 
to  be  benefited  by  such  change  or  modified  grade.  When  a  change* 
or  modification  of  grade  or  grades  is  proposed  to  be  made  upon 
a  street,  avenue,  alley,  lane,  court  or  place,  which  has  already 
been  sewered,  paved,  curbed  or  graded,  no  such  change  or  modi¬ 
fication  of  such  grade  or  grades  shall  be  made  unless  provision 
shall  also  be  made  for  the  resewering,  repaving,  recurbing  or  re¬ 
grading  of  such  street,  avenue,  alley,  lane,  court  or  place.  One 
or  more  streets  or  blocks  of  streets  may  be  embraced  in  the  same 
resolution.  Such  resolution  shall  be  published  in  the  official' 
newspaper.  Such  publication  shall  be  made  for  ten  days,  and 
shall  describe  the  proposed  change  or  modification  of  grade,  and 
when  such  resolution  contemplates  such  work  it.  shall'  describe 
the  regrading,  repaving,  sewering,  sidewalking,  curbing  or  other 
improvement  so  contemplated,  and  shall  set  forth  and  describe 
the  district  to  be  benefited  by  such  change  or  modification  of 
grade  or  regrading,  repaving,  sewering,  sidewalking,  curbing  or 
other  improvement,  and  to  be  assessed  for  the  damages  and  cost 
of  making  the  same.  Within  ten  days  after  the  first  publication 
of  the  resolution  of  intention  the  Board  of  Public  Works  shall 
cause  to  be  conspicuously  posted  along  all  streets  within  the  dis¬ 
trict  defined  in  the  resolution,  or,  when  no  such  district  is  de¬ 
fined,  along  the  street  or  streets  upon  which  such  change  or  modi¬ 
fication  of  grade  or  grades  is  contemplated,  notice  of  the  passage 
of  said  resolution.  Said  notices  shall  be  posted  not  more  than 
one  hundred  feet  apart  and  shall  be  headed  “Notice  of  Grade 
Change" *  or  “Notice  of  Grade  Change  and  Street  Work,”  as  the 
case  may  be,  in  letters  not  less  than  two  inches  in  length,  and 
shall,  in  legible  characters,  state  the  fact  of  the  passage  of  the 
resolution,  its  date,  the  fact  of  the  proposed  grade  change,  and, 
if  any,  briefly  the  work  or  improvement  proposed,  and  refer  to 
the  resolution  for  further  particulars.  When  no  improvements 


Article  VI,  Chap.  VI,  Department  of  Public  Works  97 

are  provided  for  in  connection  with  the  said  change  or  changes 
of  grade  or  grades,  if  no  protest  of  the  owners  of  two-thirds  of 
the  property  fronting  on  the  street  or  streets,  the  grade  or  grades 
of  which  is  to  be  changed  or  modified,  shall  be  filed  with  the  Clerk 
of  the  Board  of  Supervisors  within  forty  days  from  the  first  pub¬ 
lication  of  the  resolution  of  intention  hereinbefore  mentioned,  the 
Board  of  Supervisors  shall  have  power  to  declare  such  grade  or 
grades  to  be  changed  or  modified  and  established,  in  conformity 
with  said  resolution;  and  when  such  improvement  or  improve¬ 
ments  are  contemplated  in  connection  with  such  change,  or 
changes  of  grade  or  grades,  it  no  protest  of  the  owners  of  a 
majority  of  the  superficial  area  of  the  property  included  within 
the  assessment  district  defined  in  said  resolution  of  intention 
shall  be  filed  with  the  Clerk  of  the  Board  of  Supervisors  within 
forty  days  from  the  first  publication  of  said  resolution  herein¬ 
before  mentioned,  the  Board  of  Supervisors  shall  also  have  the 
power  to  order  any  of  the  work  contemplated  therein  to  be  done, 
and  such  street  or  streets  to  be  regraded,  repaved,  sewered,  side- 
walked,  curbed  or  otherwise  improved  in  conformity  therewith. 
Owner  May  File  Estimate  of  Damages. 

Sec.  2.  In  case  the  resolution  of  intention  provides  for  re¬ 
grading,  repaving,  sewering,  sidewalking,  curbing  or  otherwise 
improving  said  street  or  streets,  to  said  changed  or  modified 
grade,  any  person  owning  property  fronting  upon  said  portions  of 
the  street  or  streets  where  such  street  work  is  to  be  done,  may 
file  a  petition  with  the  Board  of  Public  Works  within  sixty  days 
after  the  first  publication  of  said  resolution  of  intention,  showing 
the  fact  of  such  ownership,  a  description  and  situation  of  the 
property  claimed  to  be  damaged,  its  market  value,  and  the  esti¬ 
mated  amount  of  damages  over  and  above  all  benefits  which  the 
property  would  sustain  by  the  proposed  change  if  completed. 
Such  petition  shall  be  verified  by  the  oath  of  the  petitioner  or  his 
agent.  A  failure  so  to  petition  shall  be  deemed  and  treated  as 
a  waiver  of  any  claim  for  such  damage  or  damages,  and  said  reso¬ 
lution  of  intention  shall  so  declare. 

Board  Shall  Estimate  Costs. 

Sec.  3.  Whenever  such  petition  or  petitions  have  been  filed, 
the  Board  of  Public  Works  shall  estimate  and  assess  the  benefits, 
damages  and  costs  of  the  proposed  work  or  improvement  upon 
each  separate  lot  of  land  situated  within  such  assessment  district 
as  said  lot  appears  of  record  upon  the  last  City  and  County 
assessment  roll. 

Power  to  Subpoena  Witnesses. 

Sec.  4.  The  Board  of  Public  Works  shall  have  power  to  sub¬ 
poena  witnesses  to  appear  before  them  to  be  examined  under 
oath,  which  any  member  of  the  Board  of  Public  Works  is  author¬ 
ized  to  administer. 


98  Charter  of  the  City  and  County  of  San  Francisco 
Assessment  of  Costs. 

Sec.  5.  The  Board  of  Public  Works  having  determined  the 
damages  which  would  be  sustained  by  each  petitioner,  in  excess 
of  all  benefits,  shall  proceed  to  assess  the  total  amount  thereof, 
together  with  the  costs,  charges  and  expenses  of  the  proceedings, 
upon  the  several  lots  of  land  benefited  within  the  district  of  as¬ 
sessment,  so  that  each  of  the  lots  shall  be  assessed  in  accordance 
with  its  benefits  caused  by  such  work  or  improvements. 

Report  of  Board  of  Public  Works. 

Sec.  6.  The  Board  of  Public  Works  shall  make  their  report 
in  writing,  and  shall'  subscribe  to  and  file  the  same  with  the  Board 
of  Supervisors.  In  such  report  they  shall  describe  separately 
each  piece  of  property  which  will  sustain  damage  and  for  which 
damages  have  not  been  waived,  stating  the  name  of  the  owner,  if 
known,  and  the  amount  of  damages  each  will  sustain  over  and 
above  all  benefits.  They  shall  also  describe  separately  each  lot 
benefited  within  said  assessment  district,  the  name  of  the  owner, 
if  known,  and  the  amount  of  benefits  in  excess  of  the  damages 
assessed  against  the  same.  In  describing  the  lots  to  be  assessed, 
reference  may  be  had  to  a  diagram  of  the  property  in  such  assess¬ 
ment  district,  such  diagram  to  be  attached  to  and  made  a  part 
of  the  report  of  the  Board  of  Public  Works.  If  in  any  case  the 
Board  of  Public  Works  shall  find  that  conflicting  claims  of  title 
exist,  or  shall  be  in  ignorance  or  doubt  of  the  ownership  of  any 
lot  of  land,  or  any  improvement  thereon,  or  any  interest  therein, 
it  shall  be  set  down  as  belonging  to  unknown  owners.  Error  in 
designation  of  the  owner  or  owners  of  any  land  or  improvement 
or  particulars  of  their  interest,  shall  not  affect  the  validity  of  the 
assessment. 

Notice  of  Filing  of  Report. 

Sec.  7.  On  the  filing  of  said  report,  the  Clerk  of  the  Board 
of  Supervisors  shall  give  notice  of  such  filing  by  the  publication 
of  a  notice  for  at  least  ten  days  in  the  official  newspaper.  Said 
notice  shall  require  all  persons  interested  to  show  cause,  if  any 
they  have,  before  the  Board  of  Supervisors,  on  a  day  to  be  fixed 
by  the  said  Board  and  stated  in  said  notice,  which  day  shall  not 
be  less  than  twenty  days  from  the  first  publication  thereof,  .why 
such  report  should  not  be  confirmed. 

Objections  to  Report. 

Sec.  8.  All  objections  filed  in  response  to  said  notice  to  show 
cause  shall  be  in  writing  and  filed  with  the  Clerk  of  the  Board  of 
Supervisors,  who  shall,  at  the  next  meeting  after  the  date  fixed 
in  the  notice  to  show  cause,  lay  the  said  objections,  if  any,  be¬ 
fore  the  Board  of  Supervisors,  which  shall  fix  a  time  not  less  than 
fifteen  days  thereafter  for  hearing  the  same,  of  which  time  the 
Clerk  shall  notify  the  objectors  by  notice  published  in  the  official 
newspaper  for  a  period  of  five  days  and  by  depositing  a  notice, 
postage  prepaid,  in  the  United  States  Postoffice  at  San  Francisco, 


Article  VI,  Chap.  VI,  Department  of  Public  Works  99 

addressed  to  each  objector  at  his  last  known  place  of  residence, 
at  least  ten  days  before  the  date  of  such  hearing*.  At  the  time 
set,  or  at  such  other  time  to  which  the  hearing  may  be  adjourned, 
the  Board  of  Supervisors  shall  hear  such  objections  and  pass 
upon  them,  and  at  such  time  shall  proceed  to  pass  upon  such  re¬ 
port  and  may  confirm,  correct  or  modify  the  same,  or  may  order 
the  Board  of  Public  Works  to  make  a  new  assessment,  report  and 
plat,  which  shall  be  filed,  notice  given  and  had,  as  in  the  case  of 
the  original  report. 

Repaving  Specifications,  Bids  and  Contracts. 

Sec.  9.  After  the  report  of  the  Board  of  Public  Works  as  to 
the  damages  caused  by  such  change  of  grade  has  been  finally 
passed  upon  by  the  Board  of  Supervisors,  such  Board  of  Public 
Works  shall  prepare  detailed  plans  and  specifications  subject  to 
the  approval  of  the  Board  of  Supervisors,  for  regrading,  paving, 
sewering,  sidewalking,  curbing  or  otherwise  improving  such 
street  or  streets  as  set  forth  in  said  resolution  of  intention  and 
shall  then  advertise  for  bids  to  perform  the  work  of  regrading, 
repaving,  sewering,  sidewalking,  curbing  or  otherwise  improving 
such  street  or  streets,  as  the  ease  may  be,  with  the  same  or  other 
material  with  which  the  same  have  been  formerly  graded,  paved, 
sewered,  sidewalked,  curbed  or  otherwise  improved;  first  causing 
a  notice,  with  such  specifications  to  be  posted  conspicuously  for 
fifteen  days  in  or  near  the  office  of  the  Board  of  Public  Works, 
inviting  sealed  proposals  or  bids  for  doing  such  work,  and  shall 
also  cause  notice  of  said  work,  inviting  said  proposal's  and  re¬ 
ferring  to  the  specifications  posted  and  already  on  file,  to  be  pub¬ 
lished  five  days  in  the  official  newspaper.  All  proposals  or  bids 
offered  shall  be  accompanied  by  a  check  payable  to  the  order  of 
the  Clerk  of  the  Board  of  Supervisors,  and  certified  by  a  re¬ 
sponsible  bank  for  an  amount  which  shall  not  be  less  than  ten 
per  cent  of  the  aggregate  of  the  proposal,  or  by  a  bond  for  said 
amount,  signed  by  the  bidder  and  two  sureties,  who  shall  justify 
under  oath  in  double  said  amount  over  and  above  all  the  statu¬ 
tory  exemptions.  Said  proposals  or  bids  shall  be  delivered  to 
the  Secretary  of  the  Board  of  Public  Works,  and  said  Board  of 
Public  Works  shall,  in  open  session,  examine  and  declare  the 
same;  provided,  however,  that  no  proposal  or  bid  shall  be  re¬ 
ceived  unless  accompanied  by  a '  check  or  a  bond  satisfactory  to 
the  Board  of  Public  Works.  The  Board  of  Public  Works  may 
reject  any  or  all  bids  and  may  award  the  contract  to  the  lowest 
responsible  bidder,  or  may  readvertise  for  proposals  or  bids  for 
the  performance  of  the  work,  as  in  the  first  instance,  and  there¬ 
after  proceed  in  the  manner  in  this  section  provided ;  all  checks 
accompanying  bids  shall  be  held  by  the  Secretary  of  the  Board 
of  Public  Works  until  the  successful  bidder  has  entered  into  a 
contract  as  herein  provided,  and  in  ease  he  refuses  so  to  do,  then 
the  amount  of  his  certified  check  shall  be  declared  forfeited  to 


100  Charter  of  the  City  and  County  of  San  Francisco 

the  city  and  shall  be  collected  and  paid  into  its  general  fund,  and 
all  bonds  so  forfeited  shall  be  prosecuted  and  the  amount  thereof 
collected  and  paid  into  the  said  fund.  Notice  of  the  awards  of 
the  contracts  shall  be  published  anc!  posted  in  the  same  manner 
as  hereinbefore  provided  for  the  advertising  for  proposals  of  such 
work.  Before  being  entitled  to  a  contract,  the  successful  bidder 
must  advance  to  the  Secretary  of  the  Board  of  Public  Works,  for 
payment  by  him,  the  cost  of  publication  of  the  notices,  resolu¬ 
tions,  orders,  or  the  incidental  expenses  and  matters  required  un¬ 
der  the  proceedings  described  by  this  Chapter. 

Distribution  of  Assessment  of  Costs. 

Sec.  10.  After  such  contract  has  been  awarded  and  entered 
into,  the  Board  of  Public  Works  shall  proceed  to  assess  the  cost 
and  expense  of  doing  such  work  upon  all  the  lots  and  land  lying 
within  the  district  to  be  assessed,  distributing  the  same  so  that 
each  lot  will  be  assessed  for  its  proportion  of  the  same  according 
to  the  benefits  it  receives  from  the  work.  The  Board  of  Public 
Works  in  making  such  assessment  shall  also  include  therein  the 
total  amount  for  which  each  Jot,  or  tract  is  assessed  for  the  dam¬ 
ages  resulting  from  the  regrading,  repaving,  sewering,  sidewalk- 
ing,  curbing  or  otherwise  improving  such  street  or  streets; 
provided ,  no  assessment  for  such  damages  and  cost  and  the  ex¬ 
pense  of  such  work  shall  be  levied  upon  any  property  which  will 
amount  to  a  sum  greater  than  50  per  centum  of  the  value  at 
which  said  property  was  assessed  upon  the  last  preceding  assess¬ 
ment  book  of  the  City  and  County. 

Assessment  Roll,  What  Constitutes. 

Sec.  11.  The  Secretary  of  the  Board  of  Public  Works  shall 
forward  to  the  Board  of  Supervisors  a  certified  copy  of  the  report 
and  assessment  as  finally  adopted  by  the  Board  of  Public  Works, 
whereupon  such  report  and  assessment  shall  be  changed,  modi¬ 
fied  or  confirmed  by  the  Board  of  Supervisors,  and  upon  such 
modification,  change,  or  confirmation  thereof,  shall  be  returned 
to  the  Board  of  Public  Works  and  shall  thereupon  be  the  assess¬ 
ment  roll.  Immediately  upon  receipt  thereof  by  the  Board  of 
Public  Works,  the  assessment  therein  contained  shall  become  due 
and  payable  and  shall  be  a  lien  upon  all  the  property  contained 
or  described  therein. 

Publication  of  Notice  of  Assessment.  Delinquent  Assessments. 

Sec.  12.  The  Board  of  Public  Works  shall  thereupon  give  no¬ 
tice  by  publication  for  ten  days  in  the  official  newspaper,  that  it 
has  received  said  assessment  roll,  and  that  all  sums  levied  and 
assessed  in  said  assessment  roll  are  due  and  payable  immediately, 
and  that  the  payment  of  said  sums  are  to  be  made  to  the  Board 
of  Public  Works  within  thirty  days  from,  the  date  of  the  first 
publication  of  said  notice.  Said  notice  shall  also  contain  a  state¬ 
ment  that  all  assessments  not  paid  before  the  expiration  of  said 
thirty  days  will  be  declared  to  be  delinquent;  that  thereafter  the 


Article  VI,  Chap.  VI,  Department  of  Public  Works  101 

sum  of  five  per  cent  upon  the  amount  of  said  delinquent  assess¬ 
ment,  together  Avith  the  cost  of  advertising  each  delinquent  as¬ 
sessment,  Avill  be  added  thereto.  When  payment  of  any  assess¬ 
ment  is  made  to  said  Board  of  Public  Works,  the  Secretary 
thereof  shall  Avrite  the  Avord  “paid”  and  the  date  of  payment 
opposite  the  respective  assessments  so  paid,  and  the  name  of  the 
person  by  or  for  Avhom  said  assessment  is  paid,  and  shall  give 
a  receipt  therefor.  On  the  expiration  of  said  thirty  days  all  as¬ 
sessments  then  unpaid  shall  be  and  become  delinquent  and  the 
Secretary  of  the  said  Board  of  Public  Wrorks  shall  certify  such 
fact  at  the  foot  of  said  assessment  roll,  and  shall  add  five  per 
cent  to  the  amount  of  each  assessment  so  delinquent.  The  said 
Secretary  of  the  Board  of  Public  Works  shall,  Avithin  five  days 
from  the  date  of  such  delinquency,  proceed  to  advertise  the  vari¬ 
ous  sums  delinquent  and  the  Avbole  thereof,  including  the  cost  of 
advertising,  Avhich  shall  not  exceed  the  sum  of  fifty  cents  for  each 
lot,  piece  or  parcel  of  land  separately  assessed,  in  the  same  man¬ 
ner  as  is  or  may  be  provided  for  the  publication  of  the  delinquent 
list  of  State  and  County  taxes;  and  after  the  date  of  said  delin¬ 
quency  and  before  the  time  of  such  sale  therein  provided  for,  no 
assessments  shall  be  received  unless  at  the  same  time  the  five  per 
cent  added  thereto,  as  aforesaid,  together  with  the  cost  of  adver¬ 
tising  already  incurred,  shall  be  paid  therewith.  Said  list  of  de¬ 
linquent  assessments,  Avith  a  notice  of  the  time  and  place  of  sale 
of  property  affected  thereby,  shall  be  published  daily  for  five 
days  in  the  official  newspaper,  before  the  sale  of  property  for 
such  delinquent  assessments.  Said  time  of  sale  must  not  be  less 
than  seven  days  from  the  date  of  the  first  publication  of  said  de¬ 
linquent  assessment  list,  and  the  place  must  be  in  or  in  front  of 
the  office  of  the  Secretary  of  the  Board  of  Public  Works.  All 
property  sold  shall  be  subject  to  redemption  for  one  year  and  in 
the  same  manner  as  in  sales  for  delinquent  State  and  County 
taxes:  and  the  Secretary  of  the  Board  of  Public  Works  shall,  if 
there  be  no  redemption,  make  and  deliver  to  the  purchaser  at 
such  sale  a  deed,  conveying  the  property  sold  and  may  collect  for 
each  certificate  fifty  cehts,  aud  for  each  deed  one  dollar.  The 
deed  of  the  Secretary  o{  the  Board  of  Public  Works,  made  for 
such  sale,  in  case  of  failure  to  redeem,  shall  be  prima  facie  evi¬ 
dence  of  the  regularity  of  all  proceedings  thereunder,  and  that 
all  title  is  in  the  grantee.  The  Secretary  of  the  Board  of  Public 
Works  shall,  from  time  to  time,  pay  over  to  the  City  Treasurer 
all  moneys  collected  by  him,  or  by  the  Board  of  Public  Works,  on 
account  of  such  assessments,  which  the  City  Treasurer  shall,  upon 
receipt  thereof,  place  in  a  separate  fund,  designating  each  fund 
by  the  name  of  the  street,  avenue,  square,  lane,  alley,  court  or 
place  for  the  change  of  grade  for  Avhich  the  assessment  Avas 
made.  And  the  City  Treasurer  shall  transfer  to  said  fund  such 
sum  or  sums  as  the  Supervisors  may  have  ordered  to  be  paid  or 


102  Charter  of  the  City  and  County  of  San  Francisco 

advanced  for  or  on  account  of  such  improvement  out  of  that  fund 
in  the  treasury  of  the  City  and  County  from  which  such  appro¬ 
priation  is  made.  Payment  shall  be  made  from  said  fund  to  the 
parties  entitled  thereto,  upon  warrants  issued  by  the  Secretary  of 
the  Board  of  Public  Works  on  order  of  said  Board. 

Notice  of  Payment  of  Damages. 

Sec.  13.  When  sufficient  money  is  in  the  hands  of  the  City 
Treasurer  to  pay  the  total  cost  for  damages,  as  well  as  the  cost 
of  doing  the  work,  and  all  other  expenses  connected  therewith,  it 
shall  be  the  duty  of  the  Board  of  Public  Works  to  notify  the 
owner,  possessor  or  occupant  of  the  premises  damaged,  and  to 
whom  damages  have  been  awarded,  that  a  warrant  has  been 
drawn  for  the  payment  of  the  same,  which  may  be  received  at  the 
office  of  said  Board  of  Public  Works.  Such  notification  may  be 
made  by  depositing  a  notice,  postage  paid,  in  the  United  States 
Postoffice,  at  San  Francisco,  addressed  to  his  last  known  place 
of  residence.  If,  after  the  expiration  of  three  days  from  the 
service  or  deposit  of  the  notice  in  the  Postoffice,  he  shall,  not  have 
applied  for  such  warrant,  the  same  shall  be  drawn  and  deposited 
with  the  City  Treasurer  to  be  delivered  to  him  upon  demand. 
Payment  to  Contractor. 

Sec.  14.  After  the  contractor  to  whom  has  been  awarded  the 
contract  for  regrading,  repaving,  sewering,  sidewalking,  curbing, 
or  otherwise  improving  such  street  or  streets,  has  fulfilled  his  con¬ 
tract  to  the  satisfaction  of  tiie  Board  of  Public  Works  and  the 
City  Engineer  has  certified  to  the  completion  of  said  work,  the 
Secretary  of  the  Board  of  Public  Works,  on  order  of  said  Board, 
shall  issue  a  warrant,  payable  out  of  said  fund,  in  favor  of  such 
contractor  in  payment  for  such  work. 

Supplementary  Assessment  for  Costs. 

Sec.  15.  In  case  of  a  deficiency  of  the  fund  to  pay  the  whole 
assessed  cost  and  damages,  the  Board  of  Supervisors  may  in  its 
discretion,  order  the  balance  thereof  to  be  distributed  by  the 
Board  of  Public  Works  upon  the  property  assessed,  by  a  supple¬ 
mentary  assessment,  or  direct  the  payment  of  such  balance  to  be 
made  from  the  City  Treasury ;  but  in  the  event  that  a  supplemen¬ 
tary  assessment  is  ordered,  in  order  to  avoid  delay,  the  Board  of 
Supervisors  may  advance  such  balance  out  of  any  available  fund 
in  the  treasury  and  reimburse  the  same  from  the  collection  of 
assessments.  The  Treasurer  shall  pay  such  warrants  in  the  order 
of  their  presentation. 

Cost  of  Work  May  Be  Paid  Out  of  City  Treasury. 

Sec.  16.  The  Board  of  Supervisors  may,  in  its  discretion,  order 
by  ordinance,  that  the  whole  or  any  part  of  the  cost  and  expense 
of  any  of  the  work  hereinbefore  in  this  Chapter  mentioned  or  the 
damages  resulting  therefrom,  be  paid  out  of  the  treasury  of  the 
City  and  County  from  such  fund  as  the  Board  of  Supervisors  may 
designate.  Whenever  a  part  of  such  cost  or  expense  is  so  or- 


|rARTiCLE  VII,  Chap.  I,  Public  Schools  and  Libraries  103 

dered  to  be  paid  before  the  making  of  an  assessment  therefor,  the 
Board  of  Public  Works,  in  making  up  the  assessment  heretofore 
provided  for  such  cost  or  expense,  shall  first  deduct  from  the 
whole  cost  and  expense  such  part  thereof  as  has  been  so  ordered 
to  be  paid  out  of  the  municipal  treasury,  and  shall  assess  the  re¬ 
mainder  of  3aid  cost  and  expense  proportionately  upon  the  lots, 
parts  of  lots  and  lands  in  said  assessment  district,  or  liable  to  be 
assessed  for  such  work,  and  in  the  manner  hereinbefore  provided. 
— The  foregoing  Chapter  VI  was  added  by  amendment  November 
5,  1907,  approved  by  the  Legislature  November  23,  1907  ( Statutes 
Special  Session,  1907,  pages  41-47). 


ARTICLE  VII. 

PUBLIC  SCHOOLS  AND  LIBRARIES. 

CHAPTER  I. 

THE  BOARD  OF  EDUCATION. 

Board  of  Education.  Directors.  Salary.  Term. 

Section  1.  The  School  Department  shall  be  under  the  con¬ 
trol  and  management  of  a  Board  of  Education  composed  of  four 
School  Directors,  who  shall  be  appointed  by  the  Mayor,  and  who 
shall  give  their  entire  time  to  the  duties  of  their  office.  They 
shall  each  receive  an  annual  salary  of  three  thousand  dollars. 
They  shall  not  be  less  than  thirty  years  of  age  and  must  have 
been  residents  of  the  City  and  County  for  at  least  five  years  prior 
to  their  appointment.  The  Board  shall  never  be  so  constituted 
as  to  consist  of  more  than  two  members  of  the  same  political 
party.  The  term  of  office  of  the  Directors  shall  be  four  years. 
Those  first  appointed  shall  so  classify  themselves  by  lot  that  they 
shall  respectively  go  out  of  office  at  the  expiration  of  one,  two, 
three  and  four  years. 

President.  Secretary.  Salary. 

Sec.  2.  The  Board  shall  organize  by  electing  one  of  its  num¬ 
ber  President,  who  shall  serve  for  one  year  and  until  his  succes¬ 
sor  is  elected.  The  Board  may  elect  a  Secretary  who  shall  not 
be  a  member  of  the  Board,  and  who  shall  receive  an  annual  salary 
of  eighteen  hundred  dollars. 

Meetings.  Rules. 

Sec.  3.  The  Board  shall  meet  at  least  once  a  week  and  at  such 
other  times  as  it  may  determine.  It.  shall  establish  rules  for  its 
proceedings;  but  the  concurrent  vote  of  a  majority  of  its  mem¬ 
bers  shall  be  necessary  to  transact  business.  In  every  instance 
where  a  power  is  exercised  under  this  Article  by  the  Board  the 
vote  thereon  shall  be  taken  by  ayes  and  noes  and  entered  in  the 
minutes  of  the  Board. 


104  Charter  of  the  City  and  County  of  San  Francisco 


CHAPTER  II. 


SCHOOLS. 

School  Department. 

Section  1.  The  School  Department  shall  comprise  all  the 
public  schools  of  the  City  and  County  and  shall  include  primary 
and  grammar  schools  and  may  include  evening,  deportment,  tech¬ 
nical,  cosmopolitan,  high  and  normal  schools. 

.Night  Schools. 

Sec.  2.  Adults  shall  be  entitled  to  free  instruction  in  the 
evening  schools;  but  no  child  under  fourteen  years  of  age  shall 
be  admitted  to  such  schools. 


CHAPTER  ill. 


i 


POWERS  OF  THE  BOARD  OF  EDUCATION. 


Powers  of  Board  of  Education. 

Section  1.  In  addition  to  the  powers  conferred  by  the  general 
laws  of  the  State,  the  Board  of  Education  shall  have  power : 
Establish  and  Change  Schools. 

1.  To  establish  and  maintain  public  schools  as  provided  in 
this  Article,  and  to  change,  modify,  consolidate  or  discontinue 
the  same  as  the  public  welfare  may  require. 

Teachers.  Salaries.  Promotion  and  Dismissal. 

2.  To  employ  such  teachers  and  persons  as  may  be  necessary 
to  carry  into  effect  its  powers  and  duties;  to  fix,  alter  and  ap¬ 
prove  their  salaries  and  compensation,  and  to  withhold  for  good 
and  sufficient  cause  the  whole  or  any  part  of  the  wages,  salary 
or  compensation  of  any  person  or  persons  employed  as  aforesaid ; 
and  to  promote,  transfer  and  dismiss  teachers ;  but  no  teacher  in 
the  department  at  the  time  of  the  adoption  of  this  Charter,  or 
who  shall  be  hereafter  appointed,  shall  be  dismissed  from  the  de¬ 
partment,  except  for  insubordination,  immoral  or  unprofessional 
conduct,  or  evident  unfitness  for  teaching.  All  promotions  of 
teachers  shall  be  based  solely  on  merit  and  successful  teaching. 
Nothing  in  this  section  shall  be  construed  to  prevent  the  Board 
from  removing  teachers  holding  only  special  certificates  or  serv¬ 
ing  a  probationary  term.  Charges  against  teachers  must  be  for- 
malty  made  by  the  Superintendent  after  due  investigation,  and 
shall  be  finally  passed  upon  by  the  Board  after  giving  the  ac¬ 
cused  teacher  due  hearing. 

Certificates. 

3.  To  grant,  to  renew  and,  for  the  causes  mentioned  in  sec¬ 
tion  one,  subdivision  two  of  this  Chapter,  to  revoke  teachers’ 
certificates. 

Rules  and  Regulations. 

4.  To  establish  and  enforce  all  necessary  rules  and  regula¬ 
tions  for  the  government  and  efficiency  of  the  schools  and  for 
carrying  into  effect  the  school  system;  to  remedy  truancy;  to 


Article  VII,  Chap.  Ill,  Public  Schools  and  Libraries  105 

compel  the  attendance  at  school  of  children  between  the  ages  of 
six  and  fourteen  years  who  may  be  found  idle  in  public  places 
during  school  hours. 

Investigate  Charges. 

5.  To  investigate  charges  against  any  person  connected  with 
or  in  the  employ  of  the  School  Department,  and  to  take  testimony 
in  such  investigations. 

Hold  and  Lease  Property. 

6.  To  receive,  to  take  on  lease  and  to  hold  in  trust  for  the 
City  and  County  any  real  estate  belonging  to  or  claimed  by  the 
School  Department.  To  hold  in  trust  all  personal  property  that 
may  have  been  or  may  hereafter  be  acquired  by  the  School  De¬ 
partment. 

Census  Marshals. 

7.  On  or  before  the  first  day  in  April  in  each  year,  to  appoint 
School  Census  Marshals,  and  notify  the  Superintendent  of  Com¬ 
mon  Schools  of  such  appointments.  Any  Census  Marshal  found 
incompetent  may  be  discharged  by  the  Superintendent  of  Com¬ 
mon  Schools.  Should  the  Board  fail  or  neglect  to  fill  the  vacancy 
so  caused  within  three  days  thereafter  by  the  appointment  of  a 
person  competent  to  perform  the  duties  of  Census  Marshal,  such 
vacancy  may  be  filled  by  the  Superintendent  of  Common  Schools. 
Actions. 

8.  To  sue  in  the  name  of  the  City  and  County  for  lots,  lands 
and  property  belonging  to  or  claimed  by  the  School  Department. 
To  prosecute  and  defend  all  actions  at  law  or  special  proceedings 
or  suits  in  equity  concerning  the  enjoyment  and  possession  of 
such  lots,  lands  and  property.  To  require  the  services  of  the  City 
Attorney  in  all  actions,  suits  and  proceedings  by  or  against  the 
Board  of  Education. 

Disbursement  of  Moneys.  Segregation  of  Fund. 

9.  To  establish  regulations  for  the  disbursement  of  all  moneys 
belonging  to  the  School  Department  or  to  the  Common  School' 
Fund,  and  to  secure  strict  accountability  in  the  expenditure 
thereof;  to  provide  for  the  prompt  payment,  on  not  later  than  the 
fifth  day  of  every  month,  of  all  salaries  due  and  allowed  officers, 
teachers  and  other  employees  of  the  School  Department.  For  this 
purpose  the  Auditor  shall  annually  segregate  so  much  of  the 
Common  School  Fund  as  shall  not  exceed  twenty-eight  dollars  for 
each  pupil  in  average  daily  attendance  in  the  Public  Schools  of 
the  City  and  County  during  the  preceding  fiscal  year.  The 
amount  so  segregated  shall  not  be  applied  to  the  payment  of  any 
demand  against  such  Common  School  Fund  during  any  fiscal 
year  other  than  for  salaries,  until  all  salaries  for  that  fiscal  year 
have  been  fully  paid  or  provided  for.  The  Board  shall  ascertain 
and  transmit  to  the  Auditor  on  or  before  the  first  Monday  in 
April  of  each  year  an  estimate  of  the  amount  required  for  such 
segregation  within  such  limit  of  twenty-eight  dollars. 


106  Charter  of  the  City  and  County  of  San  Francisco 

Demands  to  Be  Filed  and  Signed.  Salary  Roll. 

10.  All  demands  payable  out  of  the  Common  School  Fund 
shall  be  filed  with  the  Secretary  of  the  Board  of  Education,  and 
after  they  have  been  approved  by  the  Board,  they  shall  be  signed 
by  the  President  of  the  Board  and  the  Superintendent  and  sent 
to  the  Auditor.  Every  demand  shall  have  endorsed  upon  it  a 
certificate,  signed  by  the  Secretary,  of  its  approval  by  the  Board 
of  Education,  showing  the  date  thereof,  and  the  law  authorizing 
it  by  title,  date  and  section.  Every  person  in  the  employ  of  the 
School  Department  entitled  to  a  salary  therefrom  shall  receive 
a  warrant  for  the  amount  due  and  approved  by  the  Board,  signed 
by  the  President  and  Secretary  thereof.  The  entire  monthly  sal¬ 
ary  roll  of  the  Department  shall  be  made  up  by  the  Secretary 
of  the  Board,  and  after  being  duly  audited  by  the  Finance  Com¬ 
mittee  thereof  and  approved  by  a  majority  of  all  the  members  of 
the  Board,  shall  be  endorsed  in  the  same  manner  as  other  de¬ 
mands.  The  salary  roll  so  audited,  approved  and  endorsed,  shall 
be  immediately  transmitted  to  the  Auditor  not  later  than  the 
third  day  of  every  month  for  comparison  with  the  individual 
salary  warrants  issued  in  the  manner  above  provided;  but  pay¬ 
ment  shall  be  made  only  on  the  individual  warrants  issued  in 
accordance  herewith. 

Leasing  of  School  Property. 

11.  To  lease  to  the  highest  responsible  bidder,  for  the  benefit 
of  the  Common  School  Fund,  for  a  term  not  exceeding  thirty- 
five  years,  any  real  property  of  the  School  Department  not  re¬ 
quired  for  school  purposes;  but  no  lease  shall  be  made  except 
after  advertisement  for  bids  for  at  least  sixty  days  in  the  official 
newspaper  and  one  other  daily  newspaper  of  general  circulation, 
published  in  the  City  and  County,  and  by  an  affirmative  vote  of 
at  least  three  members  of  the  Board  of  Education  and  approved 
by  an  ordinance  of  the  Board  of  Supervisors,  passed  by  a  vote 
of  at  least  fifteen  of  its  members,  and  approved  by  the  Mayor; 
and  provided  that  at  the  expiration  of  the  term  of  said  lease  all 
buildings  and  improvements  erected  shall  revert  to  and  become 
the  property  of  the  School  Department  of  the  City  and  County. 
— As  amended  November  5,  1907,  approved  by  the  Legislature 
November  23,  1907  ( Statutes  Special  Session,  1907,  page  55). 

Trust  Funds. 

12.  To  receive  and  manage  property  or  money  acquired  by 
bequest  or  donation  in  trust  for  the  benefit  of  any  school,  edu¬ 
cational  purpose  or  school  library ;  to  carry  into  effect  the  terms 
of  any  bequest  not  in  conflict  with  the  general  laws  or  this  Char¬ 
ter;  and  to  sell  such  personal  property  as  shall  no  longer  be  re¬ 
quired  for  use  in  the  schools.  All  moneys  realized  by  such  sales 
shall  be  at  once  paid  into  the  treasury  to  the  credit  of  the  Com¬ 
mon  School  Fund. 


Article  VII,  Chap.  IV,  Public  Schools  and  Libraries  107 

Proposals  for  Supplies.  Provisions  Governing  Proposals. 

Sec.  2.  The  Board  shall  annually,  before  the  first  day  of 
May,  make  a  list  of  supplies  estimated  to  be  required  by  the 
School  Department  for  the  ensuing  fiscal  year,  stating  in  clear 
and  explicit  terms  the  quantity  and  kind  of  articles  needed  and 
how  and  when  they  shall  be  delivered,  and  shall  invite  proposals 
for  furnishing  the  same  by  advertising  therefor  for  at  least  ten 
days  in  the  official  newspaper. 

The  provisions  of  Article  II,  Chapter  III,  of  this  Charter,  in 
regard  to  the  advertising  for  proposals,  the  affidavit  and  se¬ 
curity  accompanying  the  same,  the  presentation  and  opening  of 
proposals,  the  awarding  of  contracts  and  the  security  for  the 
performance  thereof,  shall,  so  far  as  the  same  can  be  made  ap¬ 
plicable,  apply  to  all  proposals  and  contracts  made,  awarded  or 
entered  into  for  furnishing  supplies  to  the  School  Department. 
Any  contract  made  in  violation  of  any  provision  of  this  Article 
shall  be  void. 

Annual  Report  to  Supervisors. 

Sec.  3.  The  Board  shall,  during  each  year,  transmit  to  the 
Supervisors  a  report  in  writing  for  the  preceding  fiscal  year, 
stating  the  number  of  schools  within  its  jurisdiction,  the  length 
of  time  the}^  have  been  kept  open,  the  number  of  pupils  taught 
in  each  school,  the  average  daily  attendance  of  pupils  in  all  the 
public  schools,  the  number,  names  and  salaries  of  teachers,  the 
dates  of  their  appointments  and  the  character  of  the  certificates 
held  by  them,  the  amount  of  money  drawn  from  the  treasury 
by  the  Department  during  the  year,  distinguishing  the  State 
fund  from  all  others,  the  purpose  for  which  such  money  has  been 
expended,  with  particulars,  and  such  other  information  as  may 
be  required  by  the  State  Superintendent,  the  Supervisors  or  the 
Mayor. 

Schedule  of  Salaries. 

Sec.  4.  The  Board  shall,  between  the  first  and  twenty-first 
days  of  May  of  each  year,  adopt  a  schedule  of  salaries  for  the 
next  ensuing  fiscal  year  for  teachers  and  all  employees  of  the 
School  Department. 


CHAPTER  IV. 

SUPERINTENDENT  OF  SCHOOLS. 

Superintendent  of  Schools.  Salary. 

Section  1.  The  Superintendent  of  Common  Schools  of  the 
City  and  County  shall  be  by  virtue  of  his  office  a  member  of  the 
Board  of  Education,  without  the  right  to  vote.  He  shall  receive 
an  annual  salary  of  four  thousand  dollars. 

Deputy  Superintendents. 

Sec.  2.  The  Superintendent  shall  appoint  four  Deputy  Super¬ 
intendents.  The  number  of  such  deputies  shall  not  be  increased 


108  Charter  of  the  City  and  County  of  Ban  Francisco 


until  the  average  daily  attendance  shall  have  reached  forty-five 
thousand,  when  the  Superintendent  shall  appoint  one  additional 
deputy,  and  thereafter  he  shall  appoint  one  deputy  for  each  addi¬ 
tional  eight  thousand  children  in  average  daily  attendance.  If 
from  any  cause  a  vacancy  occurs  in  the  office  of  Deputy  Super¬ 
intendent,  such  vacancy  shall  be  filled  by  the  Superintendent. 
Term  of  Deputies. 

Sec.  3.  Of  the  Deputy  Superintendents  first  appointed,  the 
Superintendent  shall  appoint  two  for  two  years  and  two  for  four 
years.  All  Deputy  Superintendents  subsequently  appointed  shall 
hold  office  for  four  years. 

Qualifications  of  Deputies. 

Sec.  4.  Such  deputies  must  have  had  at  least  ten  years’  suc¬ 
cessful  experience  as  teachers,  and  shall  have  been  residents  of 
the  City  and  County  at  least  five  years  preceding  their  appoint¬ 
ment. 

Duties  of  Superintendent. 

Sec.  5.  In  addition  to  the  duties  imposed  by  the  general  laws 
of  the  State,  it  shall  be  the  duty  of  the  Superintendent : 

Enforce  Rules. 

1.  To  observe  and  enforce  all  rules  and  regulations  of  the 
Board  of  Education  and  to  see  that  no  religious  or  sectarian 
books  or  teachings  are  allowed  in  the  schools. 

Annual  Report  to  Board. 

2.  To  report  to  the  Board  of  Education  annually,  on  or  be¬ 
fore  the  twentieth  day  of  August,  and  at  such  other  times  as  the 
Board  may  require,  all  matters  pertaining  to  the  condition  and 
progress  of  the  public  schools  of  the  City  and  County  during  the 
fiscal  year,  with  such  recommendations  as  he  may  deem  proper.  * 
Recommendations. 

3.  To  inform  the  Board  of  the  condition  of  the  schools,  school- 
houses  and  of  other  matters  connected  therewith,  and  to  recom¬ 
mend  such  measures  as  he  may  deem  necessary  for  the  advance¬ 
ment  of  education  in  the  City  and  County,  and  for  the  care  and 
improvement  of  the  property  of  the  School  Department. 

Visit  All  Schools. 

4.  To  visit  and  examine,  with  the  assistance  of  his  deputies, 
all  the  schools  at  least  twice  a  year,  and  determine  their  standing 
and  classification.  To  recommend  rules  for  the  promotion  of 
pupils  from  grade  to  grade,  from  school  to  school,  and  for  the 
transfer  and  the  graduation  of  pupils. 

Studies  and  Text-Books. 

5.  To  recommend  to  the  Board  the  courses  of  studies,  the 
text-books  and  books  for  supplementary  use  in  the  public  schools 
and  the  purchase  of  such  apparatus,  books,  stationery  and  other 
class-room  supplies  as  may  be  required  in  the  schools. 


Article  VII,  Chap.  V,  Public  Schools  and  Libraries  109 


Standing  of  Schools. 

0.  To  report  to  the  Board  once  a  month  upon  the  standing  of 
schools  examined  by  him  and  his  deputies. 

City  Board  of  Examination.  Powers. 

Sec.  6.  The  Superintendent  and  his  Deputies  shall  constitute 
the  City  Board  of  Examination,  and  shall  have  power: 

To  Examine  Applicants, 

j.  To  examine  applicants,  and  to  prescribe  a  standard  of  pro¬ 
ficiency,  which  will  entitle  the  person  examined  to  receive : 

a.  A  high  school  certificate,  valid  for  six  years,  which 
shall  authorize  the  holder  to  teach  any  primary,  grammar, 
or  high  school  in  the  City  and  County. 

b.  A  City  certificate,  grammar  grade,  valid  for  six  years, 
which  shall  authorize  the  holder  to  teach  any  primary  or 
grammar  school  in  the  City  and  County. 

c.  A  City  certificate,  primary  grade,  valid  for  two  years, 
which  shall  authorize  the  holder  to  teach  any  primary  school 
in  the  City  and  County.  They  shall  report  the  result  of  the 
examination  to  the  Board  of  Education,  and  the  Board  shall 
thereupon  issue  to  the  successful  candidates  the  certificates 
to  which  they  shall  be  entitled. 

Special  Certificates. 

2.  To  recommend  applicants  for  special'  certificates  valid  for 
a  period  not  to  exceed  six  years,  upon  such  special  studies  as 
may  be  authorized  by  the  Board  of  Education. 

Revocation  of  Certificates. 

3.  For  immoral  or  unprofessional  conduct,  profanity,  intem¬ 
perance,  or  evident  unfitness  for  teaching,  to  recommend  to  the 
Board  of  Education  the  revocation  of  any  certificates  previously 
granted  by  the  Board. 

Recommend  City  Certificates. 

4.  To  recommend  the  granting  of  City  certificates,  and  the 
renewal  thereof,  in  the  manner  provided  for  the  granting  and 
renewal  of  County  certificates  by  County  Board  of  Education  in 
section  seventeen  hundred  and  seventy-five  of  the  Political  Code. 

CHAPTER  V. 

SCHOOL  TAX  LEVY. 

Annual  Estimate.  Limit  of  Aggregate  Amount. 

Section-  1.  The  Board  of  Education  shall,  on  or  before  the 
first  Monday  of  April  in  each  year,  report  to  the  Supervisors  an 
estimate  of  the  amount  which  shall  be  required  during  the  en¬ 
suing  fiscal  year  for  the  purpose  of  meeting  the  current  annual 
expenses  of  public  instruction  in  the  City  and  County,  specifying 
the  amount  required  for  supplies  to  be  furnished  pupils,  includ¬ 
ing  text-books  for  indigent  children ;  for  purchasing  and  procur¬ 
ing  sites;  for  leasing  rooms  or  erecting  buildings;  for  furnishing, 
fitting  up,  altering,  enlarging  and  repairing  buildings;  for  the 


110  Charter  of  the  City  and  County  of  San  Francisco 

support  of  schools  organized  since  the  last  annual  apportionment  ; 
for  the  salary  of  the  School  Directors,  Superintendent,  Deputy 
Superintendents,  and  all  other  persons  employed  in  the  School 
Department,  and  for  other  expenditures  necessary  for  the  admin¬ 
istration  of  the  Public  School  system;  but  the  aggregate  amount 
so  reported  for  any  one  year  shall  not  exceed  the  sum  of  thirty- 
two  dollars  and  fifty  cents  for  each  pupil,  who  in  the  fiscal  year 
immediately  prior  thereto  actually  attended  the  schools  entitled 
to  participate  in  the  apportionment  thereof. 

Common  School  Fund. 

Sec.  2.  The  Supervisors  at  the  time  and  in  the  manner  of 
levying  and  collecting  other  city  and  county  taxes  shall  levy  and 
cause  to  be  collected  for  the  Common  School  Fund  a  tax  which, 
added  to  the  revenue  derived  from  other  sources,  shall  produce  an 
amount  of  money  which  shall  not  exceed  thirty-two  dollars  and 
fifty  cents  for  each  pupil  in  attendance  during  the  preceding  fiscal 
year,  as  ascertained  and  reported  by  the  Board  of  Education. 
Extraordinary  Expenditures. 

Sec.  3.  In  case  of  extreme  emergency  or  great  calamity,  such 
as  disaster  from  fire,  riot,  earthquake  or  public  enemy,  the  Board 
of  Education  may,  with  the  approval  of  the  Mayor  and  Super¬ 
visors,  incur  extraordinary  expenditures  in  excess  of  the  annual 
limit  provided  for  in  this  Charter,  for  the  repair  and  construction 
and  furnishing  of  school  houses  in  place  of  those  so  injured  or  de¬ 
stroyed.  The  Supervisors  may,  by  ordinance,  cause  to  be  trans¬ 
ferred  to  the  Common  School  Fund,  from  moneys  in  any  fund 
not  otherwise  appropriated,  sufficient  money  to  liquidate  such  ex¬ 
penditures,  and  provide  for  the  same  in  the  next  tax  levy  of  the 
Citv  and  County. 

CHAPTER  VI. 

SCHOOL  HOUSES  AND  LOTS. 

New  School  Houses.  Plans  and  Estimates. 

Section  1.  When  any  locality  in  the  City  and  County  is  unpro¬ 
vided  with  sufficient  school  accommodations,  the  Board  of  Educa¬ 
tion  may,  by  resolution,  make  a  requisition  upon  the  Board  of 
Public  Works  for  plans  and  specifications  and  estimates  for  a 
new  school  house,  specifying  the  number  of  class  rooms  needed, 
the  location  of  the  proposed  school  house,  the  date  on  which  it 
should  be  completed,  the  amount  of  money  in  the  School  Fund 
available  for  the  purpose,  and  such  other  information  as  will 
enable  the  Board  of  Public  Works  to  prepare  the  necessary  plans, 
specifications  and  estimates  of  cost  for  such  school  house. 

If  such  plans,  specifications  and  estimates  are  approved  by  the 
Board  of  Education  they  shall  be  endorsed  “Approved,”  with 
the  date  of  such  approval,  by  the  President  and  Secretary  thereof, 
and  returned  to  the  Board  of  Public  Works,  which  shall  proceed 
without  delay  to  have  such  school  house  constructed  and  com¬ 
pleted  in  accordance  therewith. 


Article  VII,  Chap.  VII,  Public  Schools  and  Libraries  111 

When  such  school  house  is  completed,  the  Board  of  Public 
Works  shall  notify  the  Board  of  Education  to  examine  the  same, 
and  if  it  has  been  built  in  accordance  with  the  plans  and  specifica¬ 
tions  and  within  the  estimated  cost  thereof,  the  Board  of  Educa¬ 
tion  shall  accept  and  take  possession  of  it. 

Repairs  by  Board  of  Public  Works. 

Sec.  2.  When  any  school  house,  building,  fence  or  other  prop¬ 
erty  belonging  to,  or  connected  with,  or  under  the  control  of,  the 
Board  of  Education,  needs  repairing,  altering  or  improving,  the 
Board  shall  notify  the  Board  of  Public  Works,  specifying  in  gen¬ 
eral  terms  the  work  to  be  done.  The  Board  of  Public  Works  shall 
cause  the  same  to  be  done  forthwith,  if  the  cost  thereof  shall  not 
exceed  two  hundred  and  fifty  dollars ;  otherwise  the  Board  of 
Public  Works  shall  submit  plans,  specifications  and  estimates  of 
cost  to  the  Board  of  Education  for  its  approval,  and  if  approved 
as  provided  in  section  one  of  this  Chapter,  the  Board  of  Public 
Works  shall  cause  the  same  to  be  done,  and  if  done  in  accordance 
with  the  plans  and  specifications,  and  within  such  estimate,  the 
same  shall  be  accepted  and  shall  be  paid  for  out  of  the  Common 
School  Fund. 

Purchase  of  Lots. 

Sec.  3.  When  it  is  necessary  to  purchase  a  lot  for  the  use  of  the 
School  Department,  the  price  paid  for  such  lot  shall  not  exceed 
the  market  value  of  adjacent  property  of  equal  size  and  similarly 
situated.  Any  school  building  hereafter  constructed  shall  have  a 
clear  space  of  at  least  ten  feet  around  the  same. 

CHAPTER  VII. 

PUBLIC  LIBRARY  AND  READING  ROOMS. 

Board  of  Trustees.  How  Constituted. 

Section  1.  The  Public  Library  and  Reading  Rooms  of  the  City 
and  County  shall  be  under  the  management  of  a  Board  of  twelve 
Trustees,  one  of  whom  shall  be  the  Mayor  of  the  City  and  County, 
who  shall  be  a  member  of  the  Board  by  virtue  of  his  office.  The 
Board  of  Trustees  of  said  Library  and  Reading  Rooms  in  office  at 
the  time  this  Charter  shall  take  effect  shall  continue  to  constitute 
the  Board  of  Trustees  of  said  Public  Library  and  Reading  Rooms ; 
and  all  vacancies  therein  shall  be  filled  by  said  Board.  None  of 
said  Trustees  shall  receive  any  compensation  for  his  services. 
Library  Fund.  Amount  of  Tax. 

Sec.  2.  The  Supervisors  shall,  for  the  purpose  of  maintaining 
such  Library  and  Reading  Rooms  and  such  branches  thereof  as 
the  Board  of  Library  Trustees  may  from  time  to  time  establish, 
and  for  purchasing  books,  journals  and  periodicals,  and  for  pur¬ 
chasing  or  leasing  real  and  personal  property,  and  for  construct¬ 
ing  such  buildings  as  may  be  necessary,  annually  levy  a  tax  on 
all  property  in  the  City  and  County  not  exempt  from  taxation 


112  Charter  of  the  City  and  County  of  San  Francisco 

which  shall  not  be  less  than  one  and  one-half  cents  nor  more  than 
two  and  one-half  cents  upon  each  one  hundred  dollars  assessed 
valuation  of  said  property.  The  proceeds  of  said  tax  shall  be 
credited  to  the  Library  Fund. 

Gifts  and  Bequests  to  Library  Fund. 

Sec.  3.  All  revenue  from  such  tax,  together  with  all  money  or 
property  derived  by  gift,  devise,  bequest  or  otherwise,  for  the  pur¬ 
poses  of  the  Library,  shall  be  paid  into  the  treasury  and  be  desig¬ 
nated  as  the  Library  Fund  and  be  applied  to  the  purposes  herein 
authorized.  If  such  payment  into  the  treasury  should  be  inconsist¬ 
ent  with  the  conditions  or  terms  of  any  such  gift,  devise  or  bequest, 
the  Board  shall  provide  for  the  safety  and  preservation  of  the 
same  and  the  application  thereof  to  the  use  of  the  Library  and 
Reading  Rooms,  in  accordance  with  the  terms  and  conditions  of 
such  gift,  devise  or  bequest. 

Title  to  Vest  in  City  and  County. 

Sec.  4.  The  title  to  all  property,  real  and  personal,  now  owned 
or  hereafter  acquired  by  purchase,  gift,  devise,  bequest  or  other¬ 
wise,  for  the  purpose  of  the  Library  and  Reading  Rooms,  when 
not  inconsistent  with  the  terms  of  its  acquisition,  shall  vest  in  the 
City  and  County,  and  in  the  name  of  the  City  and  County  may  be 
sued  for  and  defended  by  action  at  law  or  otherwise. 

Powers  of  Board,  Officers  and  Employees. 

Sec.  5.  The  Board  shall  take  charge  of  the  Public  Library  and 
Reading  Rooms,  and  the  branches  thereof,  and  of  all  real  and 
personal  property  thereunto  belonging,  or  that  may  be  acquired 
by  loan,  purchase,  gift,  devise  or  otherwise,  when  not  inconsistent 
with  the  terms  and  conditions  of  the  gift,  devise  or  bequest.  It 
shall  meet  for  business  purposes  at  least  once  a  month,  and  at 
such  other  times  as  it  may  appoint,  in  a  place  to  be  provided  for 
the  purpose.  A  majority  of  the  Board  shall  constitute  a  quorum 
for  the  transaction  of  business.  It  shall  elect  one  of  its  number 
President,  who  shall  serve  for  one  year  and  until  his  successor  is 
elected,  and  shall  elect  a  Librarian  and  Secretary  and  such  assist¬ 
ants  as  may  be  necessary.  The  Secretary  shall  keep  a  full  ac¬ 
count  of  all  property,  money,  receipts  and  expenditures  and  a 
record  of  all  its  proceedings. 

Powers  of  Board. 

Sec.  6.  The  Board,  by  a  majority  vote  of  all  its  members  to  be 
recorded  in  its  minutes  with  the  ayes  and  noes,  shall  have  power: 
Rules  and  Regulations. 

1.  To  make  and  enforce  all  rules,  regulations  and  by-laws 
necessary  for  the  administration,  government  and  protection  of 
the  Library  and  Reading  Rooms  and  branches  thereof,  and  all 
property  belonging  thereto,  or  that  may  be  loaned  thereto. 
Administer  Trusts. 

2.  To  administer  any  trust  declared  or  created  for  such  Library 
and  Reading  Rooms  and  branches  thereof,  and  provide  memorial 


Article  VIII,  Chapter  I,  Police  Department 


113 


tablets  and  niches  to  perpetuate  the  memory  of  those  persons 
who  may  make  valuable  donations  thereto. 

Appoint  and  Remove  Assistants. 

3.  To  define  the  powers  and  prescribe  the  duties  of  all  officers ; 
determine  the  number  of  and  elect  all  necessary  subordinate  offi¬ 
cers  and  assistants,  and  for  good  and  sufficient  cause  to  remove 
any  officer  or  assistant. 

Purchase  Books. 

4.  To  purchase  books,  journals,  publications  and  other  per¬ 
sonal  property. 

Payments  From  Library  Fund. 

5.  To  order  the  drawing  and  payment  upon  vouchers,  certified 
by  the  President  and  Secretary,  of  money  from  the  Library  Fund 
for  any  liability  or  authorized  expenditure. 

Fix  Salaries.  Buildings. 

6.  To  fix  the  salaries  of  the  Librarian  and  Secretary  and  their 
assistants;  and,  with  the  approval  of  the  Supervisors,  expressed 
by  ordinance,  to  erect  and  equip  such  building  or  buildings,  room 
or  rooms,  as  may  be  necessary  for  the  Library  and  Reading  Rooms 
and  branches  thereof. 

Branches. 

7.  To  establish  such  branches  of  the  Library  and  Reading 
Rooms  as  the  growth  of  the  City  and  County  may  from  time  to 
time  demand. 

Supervisors  May  Authorize  Use  of  Real  Estate  for  Library  Purposes. 

Sec.  7.  The  Supervisors  shall  have  power  to  appropriate  and 
authorize  the  use,  either  in  whole  or  in  part,  of  any  real  estate 
belonging  to  the  City  and  County,  for  the  purpose  of  erecting  and 
maintaining  a  building  or  buildings  thereon  to  be  used  for  the 
Library  and  Reading  Rooms,  or  branches  thereof,  and  may  appro¬ 
priate  the  whole  or  any  portion  of  any  public  building  belonging 
to  the  City  and  County  for  such  use. 


ARTICLE  VIII. 

POLICE  DEPARTMENT. 

CHAPTER  I. 

ORGANIZATION. 

Consists  of. 

Section  1.  The  Police  Department  shall  consist  of  a  Board  of 
Police  Commissioners,  a  Chief  of  Police,  a  Police  Force,  and  of 
such  clerks  and  employees  as  shall  be  necessary  to  carry  into 
effect  the  provisions  of  this  Article. 

Term  of  Members. 

Sec.  2.  All  members  of  the  Police  Department  shall  hold  office 
during  good  behavior,  subject  to  the  provisions  hereinafter  set 
forth  relating  to  promotions,  suspensions,  dismissals  and  disrate- 
ments. 


114  Charter  of  the  City  and  County  of  San  Francisco 

Qualifications  of  Members. 

Sec.  3.  No  person  shall  become  a  member  of  the  Department 
unless  he  shall  be  a  citizen  of  the  United  States,  of  good  character 
for  honesty  and  sobriety,  able  to  read  and  write  the  English  lan¬ 
guage,  and  a  resident  of  the  City  and  County  for  at  least  five 
years  next  preceding  his  appointment.  Every  appointee  to  the 
Department  shall  not  be  less  than  twenty-one  nor  more  than 
thirty-five  years  of  age,  must  possess  the  physical  qualifications 
required  for  recruits  of  the  United  States  Army,  and  before  his 
appointment  must  pass  a  satisfactory  medical  examination  under 
such  rules  and  regulations  as  may  be  prescribed  by  the  Board  of 
Police  Commissioners.  In  making  appointments  of  members  of 
the  Department,  the  Board  shall  never  regard  the  political  or 
religious  preferences  or  affiliations  of  any  candidate. 

CHAPTER  II. 

POLICE  COMMISSIONERS. 

Board  of  Four  Police  Commissioners.  Appointed  by  Mayor.  Salary. 

Section  1.  The  Police  Department  shall  be  under  the  manage¬ 
ment  of  a  Board  of  Police  Commissioners  consisting  of  four  mem¬ 
bers  who  shall  be  appointed  by  the  Mayor,  and  each  of  whom 
shall  receive  an  annual  salary  of  twelve  hundred  dollars.  No 
person  shall  be  appointed  such  Commissioner  who  shall  not  have 
been  an  elector  of  the  City  and  County  for  at  least  five  years 
next  preceding  his  appointment. 

Political  Affiliations.  Term. 

Sec.  2.  The  Board  shall  never  be  so  constituted  as  to  consist  of 
more  than  two  members  of  the  same  political  party.  The  term 
of  office  of  the  Commissioners  shall  be  four  years.  Those  first 
appointed  shall  so  classify  themselves  by  lot  that  they  shall  re¬ 
spectively  go  out  of  office  at  the  expiration  of  one,  two,  three 
and  four  years. 

Successors  in  Office. 

Sec.  3.  The  Commissioners  shall  be  successors  in  office  of  the 
Police  Commissioners  holding  office  in  the  City  and  County  at  the 
time  this  Charter  shall  go  into  effect  by  virtue  of  appointment 
under  any  statute  or  law  of  this  State. 

President.  Secretary.  Salary. 

Sec.  4.  The  Police  Commissioners  shall  organize  by  electing 
one  of  their  number  President,  who  shall  hold  such  office  for  one 
year.  The  Board  shall  appoint  a  Secretary,  who  shall  receive  an 
annual  salary  of  fifteen  hundred  dollars.  The  sessions  of  the 
Board  shall  be  public,  except  that  executive  sessions  may  be  held 
whenever  deemed  proper  by  the  Board.  The  Board  shall  meet 
at  least  once  a  week  in  the  rooms  of  the  Police  Department,  or  in 
case  of  public  emergency  at  such  place  as  the  Board  may  select. 
The  Secretary  must  keep  minutes  of  its  proceedings ;  and  in  every 


Article  VIII,  Chapter  III,  Police  Department  115 

case  where  a  power  is  exercised  by  the  Board  under  this  Article 
the  ayes  and  noes  thereon  shall  be  entered  therein. 

CHAPTER  III. 

POWERS  OF  THE  BOARD. 

Powers  of  Commissioners. 

Section  1.  The  Board  of  Police  Commissioners  shall  have  power : 
Appoint  and  Dismiss. 

1.  To  appoint,  promote,  suspend,  disrate  or  dismiss  any  mem¬ 
ber  of  the  Department  in  the  manner  hereinafter  provided. 

Rules  and  Regulations. 

2.  To  prescribe  rules  and  regulations  for  the  government,  disci¬ 
pline,  equipment  and  uniform  of  the  Department,  and  from  time 
to  time  to  alter  or  repeal  the  same,  and  to  prescribe  penalties  for 
the  violations  of  any  of  such  rules  jand  regulations.  All  such 
rules  and  regulations  must  be  reasonable. 

Permits  for  Sale  of  Liquor.  Hearing  of  Persons  Refused  Permits. 

3.  To  grant  permits  to  any  person  desiring  to  engage  in  the 
sale  of  liquor  in  less  quantity  than  one  quart,  and  to  grant  per¬ 
mits  to  any  person  engaged  in  the  business  of  selling  liquor  to  be 
drunk  on  the  premises,  and  to  revoke  any  such  permit  when  it 
shall  appear  to  the  Board  that  the  business  of  the  person  to  whom 
such  permit  was  given  is  conducted  in  a  disorderly  or  improper 
manner.  Without  such  permit  none  of  such  persons  shall  engage 
in  the  business  of  selling  liquor.  If  the  Board  refuse  to  grant 
such  permit,  or  propose  to  revoke  any  permit  that  has  been  grant¬ 
ed,  the  person  who  is  refused  such  permit  or  whose  permit  it  is 
proposed  to  revoke,  shall  be  entitled  to  be  heard  before  the  Board 
in  person,  or  through  counsel,  and  to  have,  free  of  charge,  all 
reasonable  facilities  at  the  hearing.  Such  permits  shall  not  be 
granted  for  more  than  three  months  at  one  time,  and  they  shall 
distinctly  state  the  name  of  the  person  to  whom  the  same  is  given, 
and  the  description  of  the  premises  where  such  business  is  to  be 
carried  on.  Such  permits  shall,  at  all  times  be  subject  to  inspec¬ 
tion  by  any  member  of  the  Department.  Complaints  to  revoke 
permits  granted  by  the  Board  must  be  in  writing,  signed  by  the 
person  making  the  same  and  filed  with  the  Secretary  of  the  Board ; 
and  a  copy  thereof  certified  by  the  Secretary  must  be  served  upon 
the  party  complained  against  at  least  five  days  before  the  time 
set  for ‘the  hearing  of  the  complaint. 

Special  Police  Officers. 

4.  At  its  discretion,  upon  the  petition  of  any  person,  firm  or 
corporation,  to  appoint,  and  at  pleasure  to  remove,  special  police 
officers.  Such  officers  shall  be  subject  to  all  the  rules  and  regula¬ 
tions  of  the  Board. 

Sale  and  Disposition  of  Unclaimed  Property. 

5.  To  provide  for  the  care,  restitution  or  sale  at  annual  public 
auction  of  all  unclaimed  property  that  may  come  into  the  posses- 


116  Charter  of  the  City  and  County  of  San  Francisco 


sion  of  the  Property  Clerk,  and  to  direct  the  destruction  of  such 
property  as  shall  consist  of  implements,  weapons,  property  or  any 
other  article,  matter  or  thing  used  in  the  commission  of  crime. 
Police  Matrons. 

6.  To  appoint  Police  Matrons  for  the  care  of  female  prisoners 
and  to  provide  rules  and  regulations  for  the  government  of  the 
same. 

Police  Surgeon. 

7.  To  appoint  a  Police  Surgeon,  who  shall  receive  an  annual 
salary  of  fifteen  hundred  dollars. 

Special  Meetings. 

Sec.  2.  The  President  may  convene  the  Board  for  special  meet¬ 
ings.  The  Secretary  of  the  Board  shall  be  the  official  custodian 
of  all  records  and  official  documents  of  the  Board. 

CHAPTER  IV. 

THE  CHIEF  OF  POLICE. 

Chief  of  Police.  Term.  Salary.  Powers  and  Duties. 

Section  1.  The  Chief  of  Police  shall  be  appointed  by  the  Board 
of  Police  Commissioners  and  hold  office  for  the  term  of  four  years. 
Pie  shall  receive  an  annual  salary  of  four  thousand  dollars.  He 
shall1  have  control,  management  and  direction  of  all  members 
of  the  Department  in  the  lawful  exercise  of  his  functions,  with 
full  power  to  detail  any  of  them  to  such  public  service  as  he  may 
direct,  and  with  like  power  to  suspend  temporarily  any  member 
of  the  Department.  In  all  cases  of  such  suspension,  he  shall  im¬ 
mediately  report  the  same  to  the  Board,  with  the  reasons  therefor 
in  writing.  He  shall  maintain  and  enforce  law  and  rigid  disci¬ 
pline  so  as  to  secure  complete  efficiency  of  the  Department  He 
shall,  subject  to  the  directions  and  orders  of  the  Commissioners, 
have  control  of  such  of  the  prisons  of  the  City  and  County  as  are 
not  by  the  general  law  under  the  control  of  the  Sheriff. 

Powers  and  Duties  Riots. 

Sec.  2.  In  the  suppression  of  any  riot,  public  tumult,  disturb¬ 
ance  of  the  public  peace,  or  organized  resistance  against  the  laws 
or  public  authority,  the  Chief  of  Police  shall,  in  the  lawful  exer¬ 
cise  of  his  functions,  have  all  the  powers  that  are  no.w  or  may  be 
conferred  on  Sheriffs  by  the  laws  of  the  State. 

Chief  Executive  Officer  of  the  Department. 

Sec.  3.  rPhe  Chief  of  Police  shall  be  the  chief  executive  officer  of 
the  Department.  He  shall  be  chargeable  with  and  responsible  for 
the  execution  of  all  laws  and  ordinances  and  the  rules  and  regu¬ 
lations  of  the  Department.  He  shall  see  that  the  orders  and 
process  issued  by  the  Police  Court  and  such  other  orders  and 
process  as  may  be  placed  in  his  hands  are  promptly  executed, 
and  shall  exercise  such  other  powers  connected  with  his  office 
as  may  be  provided  for  in  the  general  rules  and  regulations  of 
the  Commissioners. 


Article  VIII,  Chapter  V,  Police  Department  117 

Law  Books  in  Office. 

Sec.  4.  The  Chief  of  Police  shall  keep  a  public  office,  in  which 
he  shall  have  the  Statutes  of  this  State  and  of  the  United  States, 
and  all  necessary  works  on  criminal  law.  In  case  of  his  tem¬ 
porary  absence  some  competent  member  of  the  Department,  by 
him  designated  for  that  purpose,  shall  be  in  attendance  at  all 
hours  of  the  day  and  night;  and  in  such  case  he  shall  make  known 
to  such  member  of  the  Department  where  he  can  be  found. 

Bailiffs  in  Police  Court.  Appointees.  Salaries. 

Sec.  5.  The  Chief  of  Police  shall  detail  one  or  more  of  the  mem¬ 
bers  of  the  Department  to  attend  constantly  on  the  Police  Court 
and  to  execute  its  orders  and  process.  He  shall  detail  at  his 
pleasure  members  of  the  Department  to  act  as  his  Chief  Clerk, 
Assistant  Clerks,  Prison  Keepers  and  Property  Clerk.  Said  Chief 
Clerk  and  said  Property  Clerk  shall  each  receive  an  annual  salary 
of  twenty-four  hundred  dollars. 

Contingent  Fund.  Total  Disbursements. 

Sec.  6.  The  Chief  of  Police  may  from  time  to  time  disburse 
such  sums  for  contingent  expenses  of  the  Department  as  in  his 
judgment  shall  be  for  the  best  interest  of  the  City  and  County,  to 
be  paid  out  of  the  contingent  fund  allowed  the  Department.  The 
aggregate  of  all  such  sums  shall  not  in  any  one  fiscal  year  exceed 
the  sum  of  ten  thousand  dollars.  Provision  shall  be  made  by  the 
Supervisors  for  such  contingent  fund  in  the  annual  tax  levy.  The 
Commissioners  shall  allow  and  order  paid  out  of  such  contingent 
fund,  as  contingent  expenses  of  the  Police  Department,  upon  or¬ 
ders  signed  by  the  Chief  of  Police,  such  amounts  as  may  be 
required. 

Control  Over  Pawnshops,  Peddlers,  Etc. 

Sec.  7.  The  Chief  of  Police  shall  possess  powers  of  general 
police  inspection,  supervision  and  control,  over  all  pawnbrokers, 
peddlers,  junk-shop  keepers,  dealers  in  second-hand  merchandise, 
auctioneers  and  intelligence  office  keepers.  All  persons  engaged  in 
said  callings  must  first  procure  permits  from  the  Commissioners. 
In  the  exercise  of  such  power  the  Chief  may  by  authority  in  writ¬ 
ing  from  time  to  time  empower  members  of  the  Police  Department, 
when  in  search  of  property  feloniously  obtained  or  in  search  of 
suspected  offenders,  or  in  search  of  evidence  to  convict  any  per¬ 
son  charged  with  crime,  to  examine  the  books  and  the  premises 
of  any  such  person.  Any  such  member  of  the  Police  Department, 
when  thereunto  empowered  in  writing  by  the  Chief  of  Police,  may 
examine  property  alleged  to  have  been  pawned,  pledged,  deposit¬ 
ed,  lost,  strayed  or  stolen. 

CHAPTER  V. 

SUBORDINATE  OFFICERS. 

Police  Department:  Subordinate  Officers. 

Section  1.  Subordinate  officers  of  the  Police  Department  shall 


118  Charter  of  the  City  and  County  of  San  Francisco 

consist'  of  Captains,  who  shall  each  receive  an  annual  salary  of 
twenty-four  hundred  dollars ;  Lieutenants,  who  shall  each  receive 
an  annual  salary  of  one  thousand  nine  hundred  and  twenty  dol¬ 
lars;  Sergeants,  who  shall  each  receive  an  annual  salary  of  one 
thousand  six  hundred  and  eighty  dollars;  and  Corporals,  who 
shall  each  receive  an  annual  salary  of  one  thousand  five  hundred 
and  sixty  dollars. — As  amended  November  5,  1907,  approved  by 
the  Legislature  November  22,  1907  (Statutes  Special  Session,  1907, 
page  22). 

Captains’  Duties. 

Sec.  2.  There  shall  be  one  Captain  for  each  one  hundred  police 
officers.  The  duties  of  Captains  shall  he  defined  by  the  rules  and 
regulations  of  the  Commissioners  and  by  the  orders  of  the  Chief 
of  Police. 

Lieutenants’  Duties. 

Sec.  3.  There  shall  be  one  Lieutenant  for  every  fifty  police 
officers.  The  duties  of  Lieutenants  shall  be  defined  by  the  rules 
and  regulations  of  the  Commissioners,  bv  the  orders  of  the  Chief 
of  Police,  and  by  the  orders  of  their  respective  Captains. 

Sergeants’  Duties. 

Sec.  4.  There  shall  be  as  many  Sergeants  as  in  the  judgment 
of  the  Commissioners  may  be  advisable,  not  to  exceed  one  Ser¬ 
geant  for  every  ten  police  officers.  The  duties  of  Sergeants  shall 
be  defined  by  the  rules  and  regulations  of  the  Commissioners,  the 
orders  of  the  Chief  of  Police,  and  the  orders  of  their  respective 
Captains  and  Lieutenants. 

Corporals’  Duties. 

Sec.  5.  There  .shall  be  as  many  Corporals  as  in  the  judgment 
of  the  Commissioners  may  be  advisable.  The  duties  of  Corporals 
shall  be  defined  by  the  rules  and  regulations  of  the  Commission¬ 
ers,  the  orders  of  the  Chief  of  Police,  and  the  orders  of  their  re¬ 
spective  Captains,  Lieutenants  and  Sergeants. 

Detectives.  Captain. 

Sec.  6.  The  Chief  of  Police  may  detail  for  detective  duties  such 
members  of  the  Department  as  he  may  select,  not  to  exceed 
twenty-five.  He  shall  designate  a  Captain  of  Police,  to  act  as 
Captain  over  the  officers  so  detailed,  who  shall  receive  an  annual 
salary  of  three  thousand  dollars.  Such  Captain  shall  rank  as 
Captain  of  Detectives,  and  his  duties  shall  be  defined  by  the  Com¬ 
missioners  and  by  the  Chief  of  Police.  The  members  so  detailed 
shall  be  known  and  ranked  as  Detective  Sergeants.  Each  of  said 
Detective  Sergeants  shall  receive  an  annual  salary  of  eighteen 
hundred  dollars.  They  may  be  removed  at  any  time  from  such 
detail  by  the  Chief  of  Police.  Their  duties  shall  be  defined  by 
the  rules  and  regulations  of  the  Commissioners,  by  the  orders  of 
the  Chief  of  Police,  and  by  the  orders  of  the  Captain  of  Detec¬ 
tives. 


Article  VIII,  Chaps.  VI  and  VII,  Police  Department  119 
CHAPTER  VI. 

POLICE  OFFICERS. 

Police  Force:  Number  and  Salaries. 

Section  1.  The  Police  Force  of  the  City  and  County  shall  not 
exceed  one  Police  Officer  for  each  five  hundred  inhabitants  thereof. 
Police  Officers  shall  each  receive  an  annual  salary  of  one  thousand 
four  hundred  and  sixty-four  dollars. — As  amended  November  5, 
1907,  approved  by  the  Legislature  November  22,  1907  ( Statutes 
Special  Session,  1907,  page  22.) 

Property  of  Prisoners. 

Sec.  2.  Every  Police  Officer  shall,  upon  the  arrest  of  any  per¬ 
son  charged  with  the  commission  of  crime,  search  the  person  of 
such  offender,  and  take  from  him  all  property  and  weapons,  and 
forthwith  deliver  the  same  to  the  prison-keeper,  who  must  deliver 
the  same  to  the  Property  Clerk,  to  be  by  him  kept  until  other 
disposition  be  made  thereof  according  to  law. 

Ex-Officio  Health  Officers. 

Sec.  3.  Police  Officers  shall  be  health  officers  by  virtue  of  their 
office. 


CHAPTER  VII. 

PROMOTIONS,  SUSPENSIONS,  DISMISSALS  AND  DISRATEMENTS. 
Promotions. 

Section  1.  All  promotions  in  the  Department  shall  be  from 
the  next  lowest  rank,  seniority  of  service  and  meritorious  public 
service  being  considered. 

Violation  of  Rules. 

Sec.  2.  Any  member  of  the  Department  guilty  of  any  offense, 
or  violation  of  rules  and  regulations,  shall  be  liable  to  be  pun¬ 
ished  by  reprimand,  or  by  fine  to  be  fixed  by  the  Commissioners, 
or  by  dismissal  from  the  Department;  but  no  fine  shall  ever  be 
imposed  at  any  one  time  for  any  offense  exceeding  one  month’s 
salary. 

Fair  Trial  Before  Dismissal  or  Punishment. 

Sec.  3.  No  member  of  the  Department  shall  be  subject  to  dis¬ 
missal  for  any  cause,  or  to  punishment  for  any  breach  of  duty  or 
misconduct  therein,  except  after  a  fair  and  impartial  trial  before 
the  Commissioners  upon  a  verified  complaint  filed  with  the  Board 
setting  forth  specifically  the  acts  complained  of,  and  after  such 
reasonable  notice  to  him  of  the  time  and  place  of  hearing  as  the 
Board  may  by  rule  prescribe.  The  accused  shall  be  entitled  upon 
such  hearing  to  appear  personally  and  by  counsel  ;  to  have  a  pub¬ 
lic  trial;  and  to  secure  and  enforce  free  of  expense  to  him  the 
attendance  of  all  witnesses  necessary  for  his  defense. 


120  Charter  of  the  City  and  County  of  San  Francisco 

CHAPTER  VIII. 

UNCLAIMED  AND  STOLEN  PROPERTY. 

Lost,  Stolen  or  Unclaimed  Property. 

Section  1.  All  property  or  money  taken  under  suspicion  of 
having  been  stolen  or  feloniously  obtained,  the  result  of  crime  or 
constituting  the  proceeds  of  crime,  and  all  property  or  money 
taken  from  intoxicated  or  insane  persons,  or  other  persons  inca¬ 
pable  of  taking  care  of  themselves,  or  property  or  money  lost  or 
abandoned  that  may  in  any  way  come  into  the  possession  or  cus¬ 
tody  of  any  member  of  the  Department,  or  of  any  Criminal  Court 
or  Judge  of  the  City  and  County,  shall  be  delivered  to  the  Prop¬ 
erty  Clerk,  who  shall  enter  in  a  Record  Book,  to  be  kept  by  him 
for  that  purpose,  a  full  and  explicit  description  of  the  same,  to¬ 
gether  with  the  name  of  the  person  or  persons  from  whom  re¬ 
ceived,  the  names  of  any  claimants  thereto,  the  time  of  the  seizure 
and  the  final  disposition  thereof. 

Property  of  Innocent  Persons  to  Be  Returned. 

Sec.  2.  When  property  or  money  taken  from  any  person  ar¬ 
rested,  or  otherwise  under  suspicion  of  having  been  feloniously 
obtained,  or  of  being  the  proceeds  of  crime,  is  brought  with  the 
claimant  thereof  and  the  person  arrested  before  a  Court  for  ex¬ 
amination  and  adjudication,  and  the  Court  shall  adjudge  that 
the  person  arrested  is  innocent  of  the  offense  alleged,  and  that 
the  property  or  money  belongs  to  him,  it  shall  order  such  prop¬ 
erty  or  money  returned  to  the  accused,  and  the  Property  Clerk 
shall  thereupon  deliver  such  property  or  money  to  him  personally, 
but  not  to  his  attorney  or  agent.  If  upon  such  hearing  the  ac¬ 
cused  shall  be  held  for  trial  or  examination,  such  property  or 
money  shall  remain  in  the  custody  of  the  Property  Clerk  until  the 
discharge  or  conviction  of  the  person  accused. 

Unclaimed  Property  to  Be  Sold,  When. 

Sec.  3.  All  unclaimed  property  and  money  that  has  been  in 
the  custody  of  the  Property  Clerk  for  one  year  shall  be  sold  at 
public  auction,  after  having  been  five  times  advertised  in  the  offi¬ 
cial  newspaper;  and  the  proceeds  of  such  sale  shall  be  paid  into 
the  treasury  to  the  credit  of  the  Police  Relief  and  Pension  Fund. 
In  ho  case  shall  such  property  be  sold  or  disposed  of  until  the 
necessity  for  the  use  thereof  as  evidence  has  ceased.  The  proceeds 
of  property  taken  from  insane  persons  shall  not  become  part  of 
such  Fund  until  after  the  expiration  of  three  years  from  the  time 
the  same  is  paid  into  the  treasury;  but  the  Commissioners  and  the 
Chief  of  Police  shall,  during  such  period,  make  diligent  inquiry 
to  ascertain  the  person  or  persons  to  whom  the  same  should  by 
right  be  payable. 

Property  as  Evidence  in  Court. 

Sec.  4.  If  any  property  or  money  in  the  custody  of  the  Prop¬ 
erty  Clerk  be  required  as  evidence  in  any  Court,  it  shall  be  de- 


Article  VIII,  Chaps.  IX  and  X,  Police  Department  121 


livered  to  any  officer  who  shall  present  an  order  in  writing  to  that 
effect  from  such  Court,  and  the  Clerks  of  such  Court  shall  be  re¬ 
sponsible  for  the  safe  delivery  of  such  property  or  money  to  the 
Property  Clerk. 

Duty  of  Property  Clerk. 

Sec.  5.  All  valuables  and  money  in  the  custody  of  the  Prop¬ 
erty  Clerk  shall  be  deposited  by  him,  for  safe  keeping,  with  the 
Treasurer,  in  such  manner  and  subject  to  such  rules  and  regula¬ 
tions  as  may  be  prescribed  by  the  Board. 

CHAPTER  IX. 

PRESENT  POLICE  FORCE. 

Constitution  of  the  Force. 

Section  1.  All  members  of  the  present  Police  Force  in  good 
standing  in  the  Department  at  the  time  this  Charter  goes  into 
effect,  and  the  Park  Police,  shall  continue  therein  without  Civil 
Service  examination;  but  all  new  appointments  and  all  promo¬ 
tions  made  after  this  Charter  shall  go  into  effect  shall  be  subject 
to  and  governed  by  Article  XIII  of  this  Charter. 

CHAPTER  X. 

POLICE  RELIEF  AND  PENSION  FUND. 

Pension  Fund.  Board  of  Trustees. 

Section  1.  In  order  to  continue  in  force  and  make  effectual 
pensions  already  existing  in  favor  of  the  Police  Force,  a  Fund  is 
hereby  created  to  be  known  and  designated  as  the  Police  Relief 
and  Pension  Fund.  The  Board  of  Police  Commissioners  and  its 
successors  in  office  shall  constitute  a  Board  of  Trustees  of  said 
Fund.  i 

Qualifications  Requisite  to  Pensioners.  Monthly  Pension. 

Sec.  2.  The  Board  of  Police  Commissioners  may,  by  a  unani¬ 
mous  vote,  retire  and  relieve  from  service  any  aged,  infirm  or  dis¬ 
abled  member  of  the  Department  who  has  arrived  at  the  age  of 
sixty-five  years,  and  who,  upon  an  examination  by  two  regularly 
certificated  practicing  physicians  appointed  by  the  Commissioners 
for  that  purpose,  may  be  ascertained  to  be  by  reason  of  such  age, 
infirmity  or  other  disability,  unfit  for  the  performance  of  his  du¬ 
ties.  Such  retired  member  shall  receive  from  the  Police  Relief 
and  Pension  Fund  a  months  pension  equal  to  one-half  of  the 
amount  of  the  salary  attached  to  the  rank  held  by  him  three  years 
prior  to  the  date  of  his  retirement.  No  such  pension  shall  be  paid 
unless  such  person  has  been  an  active  member  of  the  Department 
for  twenty  years  continuously  next  preceding  his  retirement,  and 
the  same  shall  cease  at  his  death. 

Physical  Disabilities.  Annual  Pension. 

Sec.  3.  Any  member  of  the  Department  who  shall  become 
physically  disabled  by  reason  of  any  bodily  injury  received  in  the 


122  Charter  of  the  City  and  County  of  San  Francisco 

performance  of  his  duty,  upon  his  filing  with  the  Commissioners 
a  verified  petition  setting  forth  the  facts  constituting  such  dis¬ 
ability  and  the  cause  thereof,  accompanied  by  a  certificate  signed 
by  the  Chief  of  Police,  the  Captain  of  the  Company  to  which  he  be¬ 
longs,  and  by  two  regularly  certificated  physicians  of  the  City  and 
County  recommending  his  retirement  upon  a  pension  on  account 
of  such  disability,  may  be  retired  from  the  Department  upon  an 
annual  pension  equal  to  one-half  the  amount  of  salary  attached 
to  the  rank  which  he  may  have  held  three  years  prior  to  the  date 
of  such  retirement,  to  be  paid  to  him  during  his  life  and  to  cease 
at  his  death.  In  case  his  disability  shall  cease  his  pension  shall 
cease,  and  he  shall  be  restored  to  the  service  in  the  rank  he  occu¬ 
pied  at  the  time  of  his  retirement. 

Family  of  Member  Killed  in  Service:  Monthly  Pen&ion  to  Widow,  Children 
and  Parents. 

Sec.  4.  The  Commissioners  shall,  out  of  the  Police  Eelief  and 
Pension  Fund,  provide  for  the  family  of  any  officer,  member  or 
employe  of  the  Department  who  may  be  killed  while  in  the  per¬ 
formance  of  his  duty,  as  follows : 

First — Should  the  decedent  be  married,  his  widow  shall  as  long 
as  she  may  remain  unmarried  be  paid  a  monthly  pension  equal 
to  one-half  of  the  salary  attached  to  the  rank  held  by  the  decedent 
at  the  time  of  his  death. 

Second — Should  the  decedent  leave  no  widow,  but  leave  an 
orphan  child  or  children  under  the  age  of  sixteen  years,  such  chil¬ 
dren  shall  collectively  receive  a  pension  equal  to  one-half  the 
salary  attached  to  the  position  held  by  their  father  at  the  time  of 
his  death,  until  the  youngest  attains  the  age  of  sixteen  years. 

Third — Should  the  decedent  leave  no  widow  and  no  orphan 
child  or  children,  but  leave  a  parent  or  parents  depending  solely 
upon  him  for  support,  such  parents,  so  depending,  shall  collec¬ 
tively  receive  a  pension  equal  to  one-half  the  salary  attached  to 
the  position  held  by  the  decedent  at  the  time  of  his  death,  during 
such  time  as  the  Commissioners  may  unanimously  determine  its 
necessity.  ,  /  jv.;] 

Forfeiture  of  Pensions. 

Sec.  5.  Any  person  receiving  a  pension  as  aforesaid  from  the 
Police  Eelief  and  Pension  Fund,  who  shall  be  convicted  of  felony, 
shall  become  dissipated,  an  habitual  drunkard,  or  shall  become  a 
non-resident  of  this  State,  shall  forfeit  all  right  to  said  pension. 
Death  After  Ten  Years’  Service. 

Sec.  6.  When  any  member  of  the  Department  shall,  after  ten 
years’  service,  die  from  natural  causes,  then  his  widow,  and  if 
there  be  no  widow,  then  his  children,  or  if  there  be  no  widow  or 
children,  then  his  mother,  if  dependent  upon  him  for  support, 
shall  be  entitled  to  a  sum  equal  to  the  amount  retained  by  the 
Treasurer  from  the  pay  of  such  deceased  member  and  paid  into 
the  Eelief  and  Pension  Fund;  but  the  provisions  of  this  section 


Article  VIII,  Chapter  X,  Police  Department  123 

shall  not  apply  to  any  member  of  the  Department  who  shall  have 
received  any  pension  under  the  terms  of  this  Chapter. 

Rules  and  Regulations. 

Sec.  7.  The  Commissioners  shall  make  rules  and  regulations 
to  carry  out  the  provisions  of  this  Chapter  and  to  enforce  com¬ 
pliance  therewith  on  the  part  of  the  members  of  the  Department. 
It  shall  make  up  an  estimate  every  year  of  the  amount  required 
to  pay  all  demands  on  the  Police  Relief  and  Pension  Fund  for  the 
succeeding  fiscal  year,  and  certify  the  same  to  the  Supervisors  in 
connection  with  and  as  a  part  of  the  annual  appropriation  for 
the  Police  Department. 

Rewards  for  Heroic  Conduct. 

Sec.  8.  The  Commissioners  may,  on  notice  to  the  Chief  of 
Police,  reward  any  member  of  the  Department  for  conduct  which 
is  heroic  or  meritorious.  The  form  or  the  amount  of  such  reward 
shall  be  discretionary  with  the  Board ;  but  it  shall  not  exceed  in 
any  one  instance  one  month’s  salary. 

Meetings.  Record  of  Proceedings.  List  of  Pensioners. 

Sec  9.  The  Board  of  Police  Pension  Fund  Commissioners  shall 
hold  quarterly  meetings  on  the  first  Mondays  of  April,  July,  Octo¬ 
ber  and  January  of  each  year,  and  upon  the  call  of  its  President. 
It  shall  issue  warrants,  signed  by  its  President  and  Secretary,  to 
the  persons  entitled  thereto,  for  the  amount  of  money  ordered 
paid  to  such  persons  from  the  Relief  and  Pension  Fund.  Each 
warrant  shall  state  for  what  purpose  the  payment  is  made. 

The  Board  of  Police  Pension  Fund  Commissioners  shall  keep 
a  public  record  of  its  proceedings.  It  shall  at  each  quarterly 
meeting  send  to  the  Treasurer  and  to  the  Auditor  a  written  or 
printed  list  of  all  persons  entitled  to  payment  from  the  Relief  and 
Pension  Fund,  stating  the  amounts  of  such  payments,  and  for 
what  granted.  Such  list  shall  be  certified  and  signed  by  the 
President  and  Secretary  of  the  Board.  The  Auditor  shall  there¬ 
upon  enter  a  copy  of  such  list  upon  a  book  to  be  kept  for  that 
purpose  which  shall  be  known  as  The  Police  Relief  and  Pension 
Fund  Book.  All  warrants  signed  by  the  President  and  Secretary 
of  the  Board  shall  be  presented  to  the  Auditor,  and  be  audited 
and  ordered  paid  by  him  out  of  said  Fund. 

Powers  of  Board.  Secretary. 

Sec.  10.  The  Board  of  Police  Pension  Fund  Commissioners 
shall  possess  the  powers  vested  in  the  Board  of  Police  Commis¬ 
sioners  to  make  rules  and  regulations  for  its  guidance.  It  may 
appoint  a  Secretary,  and  provide  for  the  payment  from  said  Fund 
of  all  its  necessary  expenses,  not  exceeding  fifty  dollars  for  any 
one  month,  including  the  salary  of  the  Secretary  and  printing. 
No  compensation  shall  be  paid  to  any  member  of  the  Board  for 
any  duty  required  or  performed  as  Police  Relief  and  Pension 
Fund  Commissioner. 


124  Charter  of  the  City  and  County  of  San  Francisco 

Sources  of  Revenue. 

Sec.  11.  The  Supervisors  shall  annually,  when  the  tax  levy  is 
made,  direct  the  payment  into  the  aforesaid  Fund  of  the  following 
moneys  : 

1.  Not  less  than  five  nor  more  than  ten  per  centum  of  all 
moneys  collected  and  received  from  licenses  for  the  keeping  of 
places  where  spirituous,  malt  or  other  intoxicating  liquors  are 
sold. 

2.  One-half  of  all  moneys  received  from  taxes  or  from  licenses 
upon  dogs. 

3.  All  moneys  received  from  fines  imposed  upon  members  of 
the  Police  Department  for  violation  of  law  or  the  rules  or  regula¬ 
tions  thereof. 

4.  All  proceeds  of  sales  of  unclaimed  property. 

5.  Not  less  than  one-fourth  nor  more  than  one-half  of  all 
moneys  received  from  licenses  from  pawnbrokers,  billiard  hall 
keepers,  dealers  in  second-hand  merchandise,  and  from  junk 
stores. 

6.  All  moneys  received  from  fines  for  carrying  concealed 
weapons. 

7.  Twenty-five  per  centum  of  all  fines  collected  in  money  for 
violation  of  any  ordinance. 

8.  All  rewards  to  members  of  the  Police  Department,  except 
such  as  shall  be  excepted  by  the  Commissioners. 

9.  The  Treasurer  shall  retain  from  the  pay  of  each  member  of 
the  Police  Force  two  dollars  a  month,  which  shall  be  forthwith 
paid  into  the  Police  Relief  and  Pension  Fund.  No  other  or  fur¬ 
ther  retention  or  reduction  shall  be  made  from  such  pay  for  any 
other  fund  or  purpose  unless  the  same  is  herein  authorized. 
Policemen  on  Special  Detail. 

Sec.  12.  When  a  request  is  made  for  regular  policemen  to  be 
detailed  at  any  place  of  amusement  or  entertainment,  ball,  party 
or  picnic,  the  party  or  person  making  "such  request  shall  first  de¬ 
posit  two  dollars  and  fifty  cents  for  each  man  so  detailed  with 
the  Property  Clerk  of  the  Department,  who  shall  give  him  a  re¬ 
ceipt  for  the  same,  and  such  sum  shall  be  at  once  paid  into  the 
treasury  to  the  credit  of  the  Police  Relief  and  Pension  Fund. 
Auditor’s  Report  on  Pension  Fund.  Surplus. 

Sec.  13.  On  the  last  day  of  June  of  each  year,  or  as  soon  there¬ 
after  as  practicable,  the  Auditor  shall  make  a  report  to  the  Super¬ 
visors  of  all  moneys  paid  out  of  such  Fund  during  the  previous 
year,  and  of  the  amount  then,  to  the  credit  of  such  Fund.  The 
surplus  then  remaining  in  such  Fund  exceeding  the  average  an¬ 
nual  amount  paid  out  of  such  Fund  during  the  three  years  next 
preceding  shall  be  transferred  to  and  become  a  part  of  the  Sur¬ 
plus  Fund,  and  shall  be  no  longer  under  the  control  of  the  Board, 
or  subject  to  its  order.  Payments  provided  for  in  this  Chapter 


Article  IX,  Chapter  I,  Fire  Department 


125 


shall  be  made  quarterly  upon  proper  vouchers.  When  in  any  one 
year  a  deficiency  shall  exist  in  such  Fund,  such  deficiency  shall 
be  provided  for  and  made  good  by  the  Supervisors  in  their  next 
ensuing  tax  levy. 


ARTICLE  IX. 

;  FIRE  DEPARTMENT. 

CHAPTER  I. 

ORGANIZATION  AND  POWERS. 

Board  of  Four  Commissioners.  Appointed  by  Mayor.  Salary. 

Section  1.  The  Fire  Department  shall  be  under  the  manage¬ 
ment  of  a  Board  of  Fire  Commissioners,  consisting  of  four  mem¬ 
bers,  who  shall  be  appointed  by  the  Mayor,  and  each  of  whom 
shall  receive  an  annual  salary  of  twelve  hundred  dollars.  No 
person  shall  be  appointed  a  Fire  Commissioner  who  shall  not  have 
been  an  elector  of  the  City  and  County  for  at  least  five  years  next 
preceding  his  appointment. 

Political  Affiliations.  Term. 

Sec.  2.  The  Board  shall  never  be  so  constituted  as  to  consist 
of  more  than  two  members  of  the  same  political  party.  The  term 
of  office  of  the  Commissioners  shall  be  four  years.  Those  first 
appointed  shall  so  classify  themselves  by  lot  that  they  shall  re¬ 
spectively  go  out  of  office  at  the  expiration  of  one,  two,  three  and 
four  years. 

Successors  in  Office. 

Sec.  3.  The  Commissioners  shall  be  successors  in  office  of  the 
Fire  Commissioners  holding  office  in  the  City  and  County  at  the 
time  this  Charter  shall  go  into  effect  by  virtue  of  appointment 
under  any  statute  or  law  of  this  State. 

Organization.  President.  Secretary.  Salary.  Meetings. 

Sec.  4.  The'  Commissioners  shall  organize  by  electing  one  of 
their  number  President,  who  shall  hold  office  for  one  year.  The 
Board  may  appoint  a  Secretary  who  shall  perform  such  duties  as 
the  Board  may  prescribe.  He  shall  receive  an  annual  salary  of 
twenty-four  hundred  dollars.  The  Board  shall  meet  at  least  once 
a  week,  and  as  often  as  the  business  of  the  Department  may  re¬ 
quire,  and  all  its  meetings  shall  be  public. 

Powers  of  Board. 

Sec.  5.  The  Board  shall  organize  the  Department,  create  and 
establish  such  fire  companies  as  it  may  deem  necessary,  prescribe 
the  number  and  duties  of  the  officers,  members  and  employes  of 
the  Department,  and  the  uniforms  and  badges  to  be  worn  by 
them  :  have  control  of  all  the  property  and  equipments  of  the 
Department,  and  exercise  fuli  power  and  authority  over  all  ap¬ 
propriations  made  for  the  use  of  the  Department. 


126  Charter  of  the  City  and  County  of  San  Francisco 
Qualifications  of  Firemen. 

Sec.  6.  All  persons  appointed  to  positions  in  the  Department 
must  be  citizens  of  the  United  States,  not  less  than  twenty-one 
nor  more  than  thirty-five  years  of  age,  of  good  character  for  hon¬ 
esty  and  sobriety,  able  to  read  and  write  the  English  language, 
residents  of  the  City  and  County  at  least  five  years  next  preceding 
the  date  of  their  appointment,  must  pass  a  medical  examination 
under  such  rules  and  regulations  as  may  be  prescribed  by  the 
Commissioners,  and  upon  such  examination  be  found  in  sound 
bodily  health. 

Trial  Before  Dismissal. 

Sf.c.  7.  No  officer,  member  or  employe  of  the  Department 
shall  be  appointed,  transferred  or  removed  because  of  his  political 
opinions,  nor  shall  he  be  transferred  or  dismissed  except  for  cause, 
nor  until  after  a  trial  before  the  Commissioners. 

Powers  and  Duties  of  Commissioners. 

Sec.  8.  The  Commissioners  shall  see  that  the  officers,  mem¬ 
bers  and  employes  of  the  Department  faithfully  discharge  their 
duties,  and  that  the  laws,  ordinances  and  regulations  pertaining 
to  the  Department  are  carried  into  effect.  The  Board  shall  make 
such  rules  and  regulations  as  may  be  necessary  to  secure  dis¬ 
cipline  and  efficiency  in  the  Department,  and  for  any  violation 
of  such  rules  and  regulations  may  impose  reasonable  fines  upon 
the  officers,  members  and  employes  of  the  Department,  or  may 
suspend  any  of  them  for  such  reasonable  time  as  the  Board  may 
by  rule  prescribe.  Such  fines  shall  be  deducted  from  the  monthly 
warrants  of  the  officers,  members  and  employes  upon  whom  they 
are  imposed,  and  shall  be  transferred  by  the  Treasurer  to  the 
Firemen’s  Relief  and  Pension  Fund. 

Duties  of  Clerk  and  Commissary. 

Sec.  9.  The  Clerk  and  Commissary  of  the  Fire  Department  Cor¬ 
poration  Yards  shall  not  deliver  any  supplies  or  stores  of  the  Fire 
Department  except  upon  an  order  signed  by  the  Chief  Engineer 
and  the  Secretary  of  the  Commissioners;  but  during  a  conflagra¬ 
tion,  such  material  or  apparatus  as  may  be  required  for  the  pur¬ 
pose  of  extinguishing  such  conflagration  may  be  withdrawn  from 
said  Corporation  Yards  by  order  of  the  Chief  Engineer,  or  by  any 
officer  in  charge  of  the  force  of  the  Department  at  such  conflagra¬ 
tion.  i 

No  Other  Employment. 

Sec.  10.  No  member  or  employe  of  the  Fire  Department  shall 
be  engaged  in  any  other  employment. 

CHAPTER  II. 

DUTIES  OF  THE  COMMISSIONERS. 

Reorganisation  of  the  Department. 

Section  1.  The  Board  of  Fire  Commissioners  shall  immediately 
after  their  appointment  and  qualification  proceed  to  reorganize 


Article  IXr  Chapter  III,  Fire  Department  127 

the  Fire  Department  in  conformity  with  the  provisions  of  this 
Charter.  In  so  doing  the  Board  shall  make  its  appointments  of 
officers  and  members  from  the  persons  constituting  the  force  in  the 
service  of  the  Fire  Department  at  the  time  this  Charter  goes  into 
effect.  Such  officers  and  members  shall  not  be  required  to  pass 
any  Civil  Service  examination.  All  future  appointments  and  pro¬ 
motions  shall  be  made  subject  to  the  provisions  of  Article  XIII 
of  this  Charter.  If  any  reduction  is  made  in  the  force  of  the 
Department,  the  Commissioners  may  temporarily  discharge  those 
persons  whose  discharge  shall  be  most  conducive  to  the  efficient 
reorganization  of  the  Department;  but  in  case  of  a  subsequent 
increase  of  the  force,  those  temporarily  discharged  shall  be  reap¬ 
pointed  without  Civil  Service  examination  and  assigned  to  the 
same  rank  in  which  they  were  at  the  time  of  their  discharge. 

Fair  Public  Trial  Before  Dismissal. 

Sec.  2.  No  officer,  member  or  employe  of  the  Department 
shall  be  dismissed  or  transferred  except  for  cause  nor  until  after 
a  trial.  The  accused  shall  be  furnished  with  a  written  copy  of 
the  charges  against  him  at  least  three  days  previous  to  the  day 
of  trial.  He  shall  have  the  right  to  appear  in  person  and  by 
counsel  and  examine  witnesses  in  his  behalf.  All  witnesses  shall 
be  examined  under  oath,  and  all  trials  shall  be  public. 

Salary  During  Disability. 

Sec.  3.  When  any  officer,  member  or  employe  of  the  Depart¬ 
ment  shall  become  temporarily  disabled  by  reason  of  injuries  re¬ 
ceived  while  in  the  actual  performance  of  his  duty  therein  so  as 
to  incapacitate  him  from  performing  his  duty,  the  Commissioners 
shall  allow  his  salary  during  the  continuance  of  such  temporary 
disability. 

Performance  of  Contracts. 

Sec1.  4.  The  Commissioners  shall  see  that  all  contracts  awarded 
and  work  done  for  the  Department  are  faithfully  performed,  and 
shall,  upon  the  awarding  of  any  such  contract,  exact  an  adequate 
bond  for  the  prompt  and  faithful  performance  of  the  same. 

The  provisions  of  Article  II,  Chapter  III,  of  this  Charter  in  re¬ 
gard  to  the  advertising  for  proposals,  the  affidavit  and  security 
accompamung  the  same,  the  presentation  and  opening  of  pro¬ 
posals,  the  awarding  of  contracts  and  the  security  for  the  per¬ 
formance  thereof,  shall,  so  far  as  the  same  can  be  made  applicable, 
apply  to  all  proposals  and  contracts  made,  awarded  or  entered 
into  for  furnishing  supplies  to  the  Fire  Department.  Any  con¬ 
tract  made  in  violation  of  any  of  the  provisions  of  this  Chapter 
shall  be  void. 

CHAPTER  III. 

THE  CHIEF  ENGINEER. 

Duties  of  Chief  Engineer  and  Assistants. 

Section  1.  The  Board  of  Fire  Commissioners  shall  appoint  a 
Chief  Engineer,  who  shall  be  charged  with  the  special  duty  of 


128  Charter  op  the  City  and  County  of  San  Francisco 


superintending  the  extinguishment  of  fires.  The  Chief  Engineer 
shall  be  the  chief  executive  officer  of  the  Fire  Department,  and 
it  shall  be  his  duty  and  that  of  the  Assistant  Chief  Engineers  and 
of  the  Battalion  Chiefs  to  see  that  all  laws,  orders,  rules  and  regu¬ 
lations  in  force  in  the  City  and  County,  or  made  by  the  Commis¬ 
sioners  concerning  the  Fire  Department,  are  enforced. 

Powers  and  Duties  of  Chief  Engineer. 

Sec.  2.  The  Chief  Engineer  may  suspend  any  subordinate 
officer,  member,  or  employe  of  the  Department  for  incompetency, 
or  for  any  violation  of  the  rules  and  regulations  of  the  Fire  De¬ 
partment,  and  shall  forthwith  report  in  writing  such  suspension, 
with  his  reasons  therefor,  to  the  Commissioners  for  their  action. 
He  shall  diligently  observe  the  condition  of  the  apparatus  and 
workings  of  the  Department  and  report  in  writing  thereon  at 
least  once  a  month  to  the  Board  and  make  such  recommendations 
and  suggestions  respecting  the  same  as  he  may  deem  proper.  In 
the  absence  or  inability  of  the  Chief  Engineer,  an  Assistant  Chief 
Engineer  shall  perform  his  duties. 

Destruction  of  Buildings. 

Sec.  3.  The  Chief  Engineer,  or,  in  his  absence,  the  Assistant 
Chief  Engineers,  or,  in  their  absence,  any  Battalion  Chief  in 
charge  may,  during  a  conflagration,  cause  to  be  cut  down  or 
otherwise  removed  any  buildings  or  structures  for  the  purpose  of 
checking  the  progress  of  such  conflagration. 

Chiefs’  Operators. 

Sec.  4.  The  Chief  Engineer  may  detail  for  duty  as  Chiefs’ 
Operators  such  members  of  the  Department  as  he  may  select,  not 
to  exceed  one  such  Operator  for  each  Chief,  Assistant  Chief  and 
Battalion  Chief.  The  members  so  detailed  shall  be  known  and 
ranked  as  Chiefs’  Operators.  Each  of  said  Chiefs’  Operators  shall 
receive  an  annual  salary  of  fifteen  hundred  dollars.  They  may 
be  removed  from  such  detail  at  any  time,  by  the  Chief  Engineer. 
— Section  added  by  amendment  November  5,  1907,  approved  by 
the  Legislature  November  22,  1907  ( Statutes  Special  Session,  1907, 
page  22). 

CHAPTER  IV. 

TIRE  COMPANIES. 

Fire  Companies,  of  Whom  Composed. 

Section  1.  Each  Steam  Fire  Engine  Company  shall  be  com- 
pc  sed  of  not  more  than  one  Captain,  one  Lieutenant,  One  Engineer, 
one  Driver,  one  Stoker  and  Six  Hosemen. 

Each  Hook  and  Ladder  Company  shall  be  composed  of  not 
more  than  one  Captain,  one  Lieutenant,  one  Driver,  one  Tiller- 
man  and  eight  Truckmen. 

Each  Chemical  Engine  Company  shall  be  composed  of  not  more 
than  one  Captain,  one  Lieutenant,  one  Driver  and  one  Hoseman. 

Each  Water  Tower  Company  shall  be  composed  of  not  more 


Article  IX,  Chapter  V,  Fire  Department 


120 


than  one  Captain,  one  Lieutenant,  one  Driver,  and  one  Hoseman. 

Each  Fire  Boat  Company  shall  be  composed  of  not  more  than 
one  Captain,  one  Lieutenant,  two  Pilots,  two  Engineers,  three 
Firemen  and  twelve  Ilosemen. — As  amended  November  5,  1907, 
approved  by  the  Legislature  November  22,  1907  ( Statutes  Special 
Session ,  1907,  page  22). 


CHAPTER  V. 

FIRE  MARSHAL. 

Marshal  and  Assistant. 

Section  1.  The  Board  of  Fire  Commissioners*  on  the  written 
recommendation  of  the  Board  of  Directors  of  the  corporation 
known  as  the  Underwriters’  Fire  Patrol  of  San  Francisco,  may 
appoint  such  persons  as  may  be  recommended  by  said  Board  of 
Directors  as  Fire  Marshal  and  Assistant  Fire  Marshal.  Vacancies 
occurring  in  the  office  of  Fire  Marshal  or  Assistant  Fire  Marshal 
shall  be  filled  in  the  same  manner.  The  salaries  of  said  Fire  Mar¬ 
shal  and  of  his  assistant  and  deputies  shall  be  fixed  and  paid  by 
said  Board  of  Directors  of  said  Underwriters’  Fire  Patrol  of  San 
Francisco,  and  in  no  event  shall  the  City  and  County  be  liable 
therefor  or  for  any  part  thereof. 

Duties. 

Sec.  2.  The  Fire  Marshal  or,  in  case  of  his  disability,  the  As¬ 
sistant  Fire  Marshal  shall  attend  all  fires  which  may  occur  in  the 
City  and  County,  and  he  shall  take  charge  of  and  protect  all 
property 'which  may  be  imperiled  thereby. 

Powers. 

Sec.  3.  The  Fire  Marshal  may  call  upon  policemen  during  the 
time  of  any  fire  for  the  purpose  of  protecting  property  until  the 
arrival  of  the  owner  or  claimant  thereof,  and  in  case  the  owner 
or  claimant  of  such  property  does  not  take  charge  of  the  same 
within  twenty-four  hours  the  Fire  Marshal  may  have  such  prop¬ 
erty  stored  at  the  owner’s  or  claimant’s  expense. 

Powers  and  Duties  of  Fire  Marshal. 

Sec.  4.  The  Fire  Marshal  shall  be  charged  with  the  enforce¬ 
ment  of  all  laws  and  ordinances  relating  to  the  storage,  sale  and 
use  of  oils,  combustible  materials  and  explosives,  together  with 
the  investigation  of  the  cause  of  all  fires.  In  all  cases  where  there 
is  reason  to  believe  that  fires  are  the  result  of  crime  or  that  crime 
has  been  committed  in  connection  therewith,  the  Fire  Marshal 
must  report  the  same  in  writing  to  the  District  Attorney.  The 
Fire  Marshal  shall  also  have  the  care  of,  and  may  sell,  subject  to 
the  orders  of  the  Board  of  Fire  Commissioners,  all  property  saved 
from  fire  for  which  no  owner  can  be  found,  and  at  once  pay  the 
amount  realized  from  any  such  sale  into  the  treasury.  He  shall 
exercise  the  functions  of  a  police  officer. 

Deputies 

Sec.  5.  The  Fire  Marshal  shall  have  power  to  appoint  deputies 


130  Charter  of  the  City  and  County  of  San  Francisco 

for  inspecting  buildings,  but  such  deputies  shall  receive  no  com¬ 
pensation  for  their  services  from  the  City  and  County. 

CHAPTER  VI. 

FIRE  WARDENS. 

Wardens.  Safety  of  Buildings. 

Section  1.  The  Chief  Engineer,  Assistant  Chief  Engineers, 
Battalion  Chiefs  and  the  Fire  Marshal  shall  constitute  a  Board 
of  Fire  Wardens,  with  power  to  inspect  and  report  to  the  Board 
of  Public  Works  as  to  the  safety  of  buildings  and  other  structures 
within  the  City  and  County. 

CHAPTER  VII. 

FIREMEN’S  RELIEF  FUND. 

Relief  Fund.  Board  of  Trustees. 

Section  1.  In  order  to  continue  in  force  and  make  effectual 
pensions  already  existing  in  favor  of  firemen,  a  fund  is  hereby 
created  to  be  known  and  designated  as  the  Firemen’s  Relief  Fund. 
The  Board  of  Fire  Commissioners  of  the  City  and  County  and  its 
successors  in  office  shall  constitute  a  Board  of  Trustees  of  said 
Fund.  The  Board  shall  be  known  as  the  Board  of  Fire  Pension 
Fund  Commissioners. 

Tax  for  Relief  Fund. 

Sec.  2.  There  shall  be  annually  levied,  collected  and  appor¬ 
tioned  to  the  Firemen’s  Relief  Fund  a  tax  sufficient  to  meet  and 
pay  all  demands  upon  said  Fund,  for  the  purposes  set  out  in  this 
Chapter. 

Retirement.  Pensions. 

Sec.  3.  The  Commissioners  shall,  upon  the  application,  duly 
verified,  of  any  officer  or  member  of  the  Fire  Department  who 
shall  have  served  as  an  active  member  of  the  Fire  Department  for 
twenty-five  years  continuously  next  preceding  the  date  of  said 
application,  or,  of  any  officer  or  member  of  the  Fire  Department 
who  shall  have  reached  the  age  of  fifty-five  years,  and  shall  have 
served  as  an  active  member  of  the  Fire  Department  for  twenty 
years  continuously  next  preceding  the  date  of  said  application, 
retire  and  relieve  from  service  such  officer  or  member ;  provided, 
also ,  that  the  Commissioners  may,  by  a  unanimous  vote,  retire  and 
relieve  from  service  any  aged,  disabled  or  infirm  officer  or  mem¬ 
ber  of  the  Fire  Department  who  has  arrived  at  the  age  of  sixty 
years,  and  has  served  as  an  active  member  of  the  Department  for 
twenty  years  continuously  next  preceding  such  age,  and  who 
upon  examination  by  two  regularly  certificated  practicing  physi¬ 
cians,  appointed  by  the  Commissioners  for  that  purpose,  may  be 
ascertained  to  be  by  reason  of  such  age,  infirmity,  or  other  dis¬ 
ability,  unfit  for  the  performance  of  his  duties.  Such  retired 


Article  IX,  Chapter  VII,  Fire  Department  131 

officer  or  member  shall  receive  from  the  Firemen’s  Relief  Fund  a 
monthly  pension  equal  to  one-half  the  amount  of  the  salary  at¬ 
tached  to  the  rank  held  by  him  for  three  years  prior  to  the  date 
of  his  retirement,  and  the  same  shall  cease  at  his  death. — As 
amended  November  5,  1907,  approved  by  the  Legislature  Novem¬ 
ber  22,  1907  ( Statutes  Special  Session,  1907,  page  21). 

Physical  Disabilities.  Annual  Pension. 

Sec.  4.  Any  member  of  the  Fire  Department  who  shall  be¬ 
come  physically  disabled  by  reason  of  any  bodily  injury  received 
in  the  performance  of  his  duty,  upon  his  filing  with  the  Commis¬ 
sioners  a  verified  petition  setting  forth  the  facts  constituting  such 
disability  and  the  cause  thereof,  accompanied  by  a  certificate 
signed  by  the  Chief  of  the  Fire  Department,  the  Captain  of  the 
Company  to  which  he  belongs,  and  by  two  regularly  certificated 
physicians  of  the  City  and  County,  recommending  his  retirement 
upon  a  pension  on  account  of  such  disability,  may  be  retired  from 
the  Department  upon  an  animal  pension  equal  to  one-half  the 
amount  of  salary  attached  to  the  rank  which  he  may  have  held 
three  years  prior  to  the  date  of  such  retirement,  to  be  paid  to 
him  during  his  life  and  to  cease  at  his  death.  In  case  his  dis¬ 
ability  %hall  cease  his  pension  shall  cease,  and  he  shall  be  restored 
to  the  service  in  the  rank  he  occupied  at  the  time  of  his  retirement. 
Family  of  Member  Killed.  Pension  to  Widow,  Children  and  Parents. 

Sec.  5.  The  Commissioners  shall,  out  of  the  Firemen’s  Relief 
Fund,  provide  as  follows  for  the  family  of  any  officer,  member,  or 
employe  of  the  Fire  Department  who  may  be  killed  while  in  the 
performance  of  his  duty: 

First — Should  the  decedent  be  married,  his  widow  shall  as  long 
as  she  may  remain  unmarried  be  paid  a  monthly  pension  equal  to 
one-half  of  the  salary  attached  to  the  rank  held  by  the  decedent 
at  the  time  of  his  death. 

Second — Should  the  decedent  leave  no  widow,  but  leave  an 
orphan  child  or  children  under  the  age  of  sixteen  years,  such  chil¬ 
dren  shall  collectively  receive  a  pension  equal  to  one-half  the 
salary  attached  to  the  position  held  by  their  father  at  the  time 
of  his  death,  until  the  youngest  attains  the  age  of  sixteen  years. 

Third — Should  the  decedent  leave  no  widow  and  no  orphan 
child  or  children,  but  leave  a  parent  or  parents  depending  solely 
upon  him  for  support,  such  parents,  so  depending,  shall  collec¬ 
tively  receive  a  pension  equal  to  one-half  the  salary  attached  to 
the  position  held  by  the  decedent  at  the  time  of  his  death  during 
such  time  as  the  Commissioners  may  unanimously  determine  its 
necessity. 

Forfeiture  of  Pensions. 

Sec  6.  Any  person  receiving  a  pension  from  the  Firemen’s 
Relief  Fund,  who  shall  be  convicted  of  felony,  or  who  shall  be¬ 
come  dissipated,  an  habitual  drunkard,  or  who  shall  become  a 
non-resident  of  this  State,  shall  forfeit  all  right  to  said  pension. 


182  Charter  of  the  City  and  County  of  San  Frangisc# 

Rules  and  Regulations. 

Sec.  7.  The  Commissioners  shall  make  rules  and  regulations 
to  carry  out  the  provisions  of  this  Chapter  and  to  enforce  com¬ 
pliance  therewith  on  the  part  of  the  members  of  the  Department. 
It  shall  make  up  an  estimate  every  year  of  the  amount  required 
to  pay  all  demands  on  the  Firemen’s  Relief  Fund  for  the  succeed¬ 
ing  fiscal  year,  and  certify  the  same  to  the  Supervisors  in  connec¬ 
tion  with  and  as  a  part  of  the  annual  appropriation  for  the  Fire 
Department. 

Meetings.  Record  of  Proceedings.  List  of  Pensioners. 

Sec.  8.  The  Board  of  Fire  Pension  Fund  Commissioners  shall 
hold  quarterly  meetings  on  the  first  Mondays  of  April,  July,  Octo¬ 
ber,  and  January  of  each  year,  and  upon  the  call  of  its  President. 
It  shall  issue  warrants,  signed  by  its  President  and  Secretary,  to 
the  persons  entitled  thereto,  for  the  amount  of  money  ordered 
paid  to  such  persons  from  the  Firemen’s  Relief  Fund.  Each  war¬ 
rant  shall  state  for  what  purpose  the  payment  is  made. 

The  Board  of  Fire  Pension  Fund  Commissioners  shall  keep  a 
public  record  of  its  proceedings.  It  shall  at  each  quarterly  meet¬ 
ing  send  to  the  Treasurer  and  to  the  Auditor  a  written  or  printed 
list  of  all  persons  entitled  to  payment  from  the  Relief  Fund,  stat¬ 
ing  the  amounts  of  such  payments  and  for  what  granted.  Such 
list  shall  be  certified  and  signed  by  the  President  and  Secretary 
of  the  Board.  The  Auditor  shall  thereupon  enter  a  copy  of  such 
list  upon  a  book  to  be  kept  for  that  purpose  which  shall  be 
known  as  the  Firemen’s  Relief  Fund  Book.  All  warrants  signed 
by  the  President  and  Secretary  of  the  Board  shall  be  presented 
to  the  Auditor,  and  be  audited  and  ordered  paid  by  him  out  of 
said  Fund. 

Powers  of  Board.  Secretary. 

Sec.  9.  The  Board  of  Fire  Pension  Fund  Commissioners  shall 
possess  the  powers  vested  in  the  Board  of  Fire  Commissioners  to 
make  rules  and  regulations  for  its  guidance.  It  may  appoint  a 
Secretary  and  provide  for  the  payment  from  said  Fund  of  all  its 
necessa^  expenses,  not  exceeding  fifty  dollars  for  any  one  month, 
including  the  salary  of  the  Secretary  and  printing;  but  no  com¬ 
pensation  shall  be  paid  to  any  member  of  the  Board  for  any  duty 
required  or  performed  as  Fire  Pension  Fund  Commissioner. 

CHAPTER  VIII. 

SALARIES  AND  VACATIONS. 

Fire  Department.  Salaries. 

Section  1.  The  officers  and  members  of  the  Fire  Department 
shall  receive  annual  salaries  as  follows :  Chief  Engineer,  five 
thousand  dollars;  First  Assistant  Chief  Engineer,  thirty-six  hun¬ 
dred  dollars;  Second  Assistant  Chief  Engineer,  three  thousand 
dollars;  Battalion  Chiefs,  each,  twenty-seven  hundred  dollars; 


Article  IX,  Chapter  IX,  Fire  Department  133 

Superintendent  of  Engines,  twenty-seven  hundred  dollars;  the 
Clerk  and  Commissary  of  the  Corporation  Yards,  eighteen  hun¬ 
dred  dollars;  Captains,  each,  eighteen  hundred  and  sixty  dollars; 
Lieutenants,  each,  seventeen  hundred  and  ten  dollars;  Engineers, 
each,  sixteen  hundred  and  eighty  dollars;  Drivers,  Stokers,  Til- 
lermen.  Truckmen  and  Hosemen.  for  the  first  year  of  service,  each, 
twelve  hundred  dollars;  for  the  second  year  of  service,  each, 
thirteen  hundred  and  twenty  dollars;  and  for  the  third  year  of 
service,  and  thereafter,  each,  fourteen  hundred  and  forty  dollars ; 
Hvdrantmen,  each,  twelve  hundred  dollars;  Superintendent  of 
Horses,  eighteen  hundred  and  sixty  dollars ;  Draymen,  each, 
twelve  hundred  dollars;  Watchmen,  each,  twelve  hundred  dollars; 
Hostlers,  each,  twelve  hundred  dollars;  Pilots  of  Fire  Boats,  each, 
twenty-one  hundred  dollars;  Engineer  of  Fire  Boats,  each,  twenty- 
one  hundred  dollars ;  Firemen  of  Fire  Boats,  each,  twelve  hundred 
dollars. 

Vacations. 

Sec.  2.  Each  officer  and  member  of  the  Fire  Department  shall 
be  allowed,  during  each  year  of  his  service,  a  vacation  of  not  less 
than  fifteen  days’  duration,  and  also  leaves  of  absence  of  not  less 
than  twenty-four  hours’  duration,  not  less  times  than  once  in  each 
week.  Said  vacations  and  leaves  of  absence  to  be  without  loss  of 
pay. — Chapter  amended  November  5,  1907,  approved  by  the  Legis¬ 
lature  November  22,  1907  (Statutes  Special  Session,  1907,  page 
20).  , 

CHAPTER  IX. 

DEPARTMENT  OF  ELECTRICITY. 

How  Constituted. 

Section  1.  There  is  hereby  created  a  Department  of  Electri¬ 
city,  wdiich  shall  have  charge  of  the  construction  and  mainten¬ 
ance  of  the  Fire  Alarm  and  Police  Telegraph  and  Telephone  Sys¬ 
tems,  and  shall  be  under  the  control  of  a  joint  Commission  com¬ 
posed  of  the  Board  of  Fire  Commissioners  and  the  Board  of  Police 
Commissioners. 

Chief  Electrician.  Salary. 

Sec.  2.  There  shall  be  appointed  by  the  Board  of  Fire  Com¬ 
missioners  and  Board  of  Police  Commissioners,  acting  in  joint 
session,  a  practical  and  skilled  Electrician,  and  who  shall  have 
general  supervision  of  the  Department  of  Electricity.  He  shall 
receive  a  salary  of  three  thousand  dollars  per  annum. 

Employes,  Department  of  Electricityc  i  ' 

Sec.  3.  The  Joint  Commission  may  appoint  such  assistants  and 
other  employes  as  may  be  necessary  to  efficiently  maintain,  ex¬ 
tend  and  repair  the  Department  of  Electricity  at  all  times.  All 
appointments  shall  be  made  subject  to  the  provisions  of  Article 
XIII  hereof.  The  number  and  compensation  of  all  such  assist¬ 
ants  and  other  employes  of  the  Department  of  Electricity  shall  be 


134  Charter  of  the  City  and  County  of  San  Francisco 

fixed  annually  by  the  Supervisors,  but  no  compensation  to  any  of 
such  persons  shall  be  greater  than  is  paid  in  similar  employments. 
Any  person  who,  under  a  classification  of  positions  by  the  Civil 
Service  Commission,  has  been  appointed  in  conformity  with  Ar¬ 
ticle  XITI  of  this  Charter  and  who  has  served  the  probation  period 
required  by  said  Article  is  hereby  declared  appointed  within  the 
provisions  of  the  Article  XIII  to  said  position  so  classified. — As 
amended  November  5,  1907,  approved  by  the  Legislature  Novem¬ 
ber  23,  1907  ( Statutes  Special  Session,  1907,  page  59). 

Jurisdiction. 

Sec.  4.  The  Fire  Department  and  the  Police  Department  shall 
each  have  sole  control  over  its  own  systems  and  wires. 

Citizens  May  Connect  With  System. 

Sec.  5.  Any  citizen,  firm  or  corporation  may,  for  the  purpose 
of  police  and  fire  protection,  be  connected  with  the  Police  or  Fire 
Signal  System,  or  Telephone  or  Telegraph  System,  upon  making 
fair  payment  for  the  connection  and  use  of  the  same.  Such  rates 
of  payment  shall  be  fixed  by  ordinance  of  the  Supervisors;  but 
no  connection  shall  be  made  so  as  to  interfere  with  the  use  of  the 
main  line. 

Supervise  Electrical  Wires  and  Appliances. 

Sec.  6.  The  Department  of  Electricity  is  also  charged  with  the 
duty  of  enforcing  all  the  rules,  regulations,  orders  and  require¬ 
ments  made  by  ordinance  of  the  Supervisors  in  regard  to  the  in¬ 
spection  and  supervision  of  electrical  wires  and  appliances,  and 
the  currents  for  furnishing  light,  heat  or  power  in  and  upon 
streets  and  buildings  in  the  City  and  County. 


ARTICLE  X. 

DEPARTMENT  OF  PUBLIC  HEALTH. 

How  Constituted. 

Section  1.  There  shall  be  a  Department  of  Public  Health  un¬ 
der  the  management  of  a  Board  of  Health.  The  Board  shall  con¬ 
sist  of  seven  members,  all  of  whom  shall  be  appointed  by  the 
Mayor,  and  three  only  of  whom  shall  be  physicians.  Said  physi¬ 
cians  shall  be  regularly  certificated  physicians  of  the  City  and 
County  at  the  time  of  their  appointment,  and  must  have  been 
such  for  at  least  five  years  next  preceding  their  appointment.  The 
members  of  the  Board  shall  serve  without  compensation.  They 
shall  elect  one  of  their  members  President,  and  shall  adopt  such 
rules  and  regulations  as  may  be  necessary  for  the  government  of 
the  Board. — As  amended  November  5,  1907,  approved  by  the  Leg¬ 
islature  November  23,  1907  ( Statutes  Special  Session,  1907,  page 


Article  X,  Department  of  Public  Health  135 

Terms  of  Office  of  Health  Board. 

Sec.  2.  The  appointed  members  of  the  Board,  excepting  those 
first  appointed,  shall  hold  office  for  seven  years.  Those  first  ap¬ 
pointed  under  this  Charter  shall  so  classify  themselves  by  lot  that 
one  of  them  shall  go  out  of  office  at  the  end  of  one  year;  one  at 
the  end  of  two  years;  one  at  the  end  of  three  years;  one  at  the 
end  of  four  years;  one  at  the  end  of  five  years;  one  at  the  end 
of  six  years ;  and  one  at  the  end  of  seven  years. 

Within  thirty  days  after  the  ratification  of  this  amendment  by 
the  Legislature  of  the  State  of  California,  the  offices  of  the  then 
incumbent  members  of  the  Board  of  Health  shall  become  vacant, 
and  the  Mayor  shall  thereupon  proceed  to  appoint  a  Board  of 
Health  pursuant  to  the  provisions  of  the  preceding  section. — As 
amended  November  5,  1907,  approved  by  the  Legislature  Novem¬ 
ber  23,  1907  (Statutes  Special  Session,  1907,  page  59). 

Powers  and  Duties  of  Board. 

Sec.  3.  The  Board  shall  have  the  management  and  control  of 
the  City  and  County  Hospitals,  Almshouses,  Ambulance  Service, 
Municipal  Hospitals,  Receiving  Hospitals,  and  of  all  matters  per¬ 
taining  to  the  preservation,  promotion  and  protection  of  the  lives 
and  health  of  the  inhabitants  of  the  City  and  County ;  and  it  may 
determine  the  nature  and  character  of  nuisances  and  provide  for 
their  abatement. 

It  shall  have  the  sanitary  supervision  of  the  municipal1  insti¬ 
tutions  of  the  City  and  County,  including  jails,  schoolhouses  and 
all  public  buildings;  of  the  disposition  of  the  dead;  of  the  dis¬ 
position  of  garbage,  offal  and  other  offensive  substances. 

Except  as  provided  in  Article  II,  Chapter  III,  of  this  Charter, 
it  shall  have  exclusive  control  and  disposition  of  all  expenditures 
necessary  in  the  institutions  under  its  immediate  control. 

Enforce  Ordinances  of  Supervisors 

Sec.  4.  The  Board  shall  enforce  all  ordinances,  rules  and  regu¬ 
lations  which  may  be  adopted  by  the  Supervisors  for  the  carry¬ 
ing  out  and  enforcement  of  a  good  sanitary  condition  in  the  City 
and  County;  for  the  protection  of  the  public  health;  for  deter¬ 
mining  the  nature  and  character  of  nuisances  and  for  their  abate¬ 
ment  ;  and  for  securing  the  proper  registration  of  births,  deaths 
and  other  statistical  information.  It  shall  from  time  to  time  sub¬ 
mit  to  the  Supervisors  a  draft  of  such  ordinances,  rules  and  regu¬ 
lations  as  it  may  deem  necessary  to  promote  the  objects  mentioned 
in  this  section. 

Appointees.  Salaries.  Duties. 

Sec.  5.  The  Board  may  appoint  such  officers,  agents  and  em¬ 
ployes  as  may  be  necessary  for  the  proper  and  efficient  carrying 
out  and  enforcement  of  the  purposes  and  duties  of  the  Board,  and 
may  fix  their  salaries  and  prescribe  their  duties.  All  appoint¬ 
ments  in  the  Department  shall  be  made  under  the  provisions  of 


136  Charter  of  the  City  and  County  of  San  Francisco 

Article  XIII  of  this  Charter,  and  no  person  so  appointed  by  the 
Board  shall  be  removed  without  cause. 

City  Hospital  Physician. 

Sec.  6.  The  Board  may  appoint  a  Resident  Physician  of  the 
City  and  County  Hospital,  who  must  be  a  regularly  certified 
physician  and  who  must  have  been  a  resident  of  the  City  and 
County  for  at  least  five  years  next  preceding  his  appointment. 
He  shall  devote  his  time  exclusively  to  the  duties  of  his  office. 
Physicians  and  Surgeons  for  City  Hospital. 

Sec.  7.  The  Board  shall  appoint  for  the  City  and  County  Hos¬ 
pital  at  least,  two  visiting  physicians  and  at  least  two  visiting  sur¬ 
geons,  who  shall  receive  no  compensation  for  their  services,  but 
who  shall  have  the  privilege  of  teaching  students  in  their  hos¬ 
pital  wards.  Any  student  who  is  actively  engaged  in  the  study 
of  medicine  shall  have  the  benefit  of  clinical  instruction  in  any 
of  the  hospital  wards. 

Inebriates. 

Sec.  8.  The  Board  may  set  aside  one  ward  in  the  City  and 
County  Hospital  for  the  treatment  of  confirmed  inebriates. 
Internes  to  City  Hospital.  Hew  Appointed  and  Controlled. 

Sec.  9.  The  Board  may  appoint  such  undergraduates  and  other 
internes  to  the  City  and  County  Hospital  as  it  may  deem  neces¬ 
sary.  They  shall  be  appointed  after  a  competitive  examination 
by  the  Board  in  any  or  all  branches  of  medicine  and  surgery,  and 
shall  receive  board  and  lodging  free  for  their  services.  They 
shall  be  under  the  control  and  direction  of  the  Resident  Physi¬ 
cian,  who  may  remove  any  of  them  for  neglect  of  duty,  or  for 
other  good  and  sufficient  cause,  subject  to  an  appeal  to,  and 
final  decision  by,  said  Board. 

Salaries. 

Sec.  10.  The  Board  shall  fix.  annually  the  salaries  of  all  officers 
and  employes  of  the  Board.  Such  compensation  shall  not  exceed 
salaries  paid  for  similar  services  in  private  institutions  of  like 
character. 

Limit  to  Number  of  Employes. 

Sec.  11.  The  ratio  of  employes  to  inmates  of  any  institution 
under  the  care  of  the  Board  shall  not  exceed  that  maintained  by 
private  institutions  of  like  character. 


Article  XI,  Chapter  I,  Department  of  Elections  137 
ARTICLE  XI. 

DEPARTMENT  OF  ELECTIONS. 

CHAPTER  I. 

BOARD  OF  ELECTION  COMMISSIONERS. 

Commissioners.  Appointed  by  Mayor.  Term.  Salary.  Qualifications. 

Section  1.  The  conduct,  management  and  control  of  the  regis¬ 
tration  of  voters,  and  of  the  holding  of  elections,  and  of  all 
matters  pertaining  to  elections  in  the  City  and  County,  shall  be 
vested  exclusively  in  and  exercised  by  a  Board  of  Elec¬ 
tion  Commissioners,  consisting  of  five  members,  who  shall  be 
appointed  by  the  Mayor,  and  shall  hold  office  for  four  years. 
Each  of  the  Commissioners  shall  receive  an  annual  salary  of  one 
thousand  dollars.  Each  member  of  the  Board  must  be  an  elector 
of  the  City  and  County  at  the  time  of  his  appointment  and  must 
have  been  such  for  five  years  next  preceding  such  time.  Those 
first  appointed  must,  immediately  after  their  appointment,  so 
classify  themselves  by  lot,  that  one  shall  go  out  of  office  at  the 
end  of  one  year,  one  at  the  end  of  two  years,  one  at  the  end  of 
three  years,  and  two  at  the  end  of  four  years. 

The  Mayor  shall  not  make  any  appointment  upon  the  Board  at 
any  time  before  thirty  days  prior  to  the  time  when  such  appointee 
is  to  take  office.  Two  of  the  five  members  first  appointed  shall 
be  chosen  from  each  of  the  two  political  parties  casting  in  the 
City  and  County  the  highest  vote  for  Governor  or  electors  of 
President  and  Vice-President,  as  the  case  may  be,  at  the  last  pre¬ 
ceding  general  election.  The  fifth  member  shall  be  chosen  from  the 
political  party  casting  the  third  highest  such  vote  at  such  election, 
if  there  be  such  third  party,  and  if  not,  then  at  the  discretion  of 
the  Mayor.  Upon  the  expiration  of  the  term  of  office  of  any  Com¬ 
missioner,  the  appointee  must  be  chosen  from  the  same  political 
party  as  the  retiring  Commissioner,  consistently  with  the  fore¬ 
going  provisions  as  to  equal  representation  at  all  times  of  the 
two  political  parties  casting  the  highest  vote  at  the  general  elec¬ 
tion  last  preceding  the  appointment  in  question  as  prescribed  in 
this  section. 

Not  to  Take  Part  in  Politics. 

Sec.  2.  No  member  of  the  Board,  nor  Registrar,  nor  Deputy 
Registrar,  shall,  during  his  term  of  office,  be  a  member  of  any 
convention  the  purpose  of  which  is  to  nominate  candidates  for 
office:  nor  be  eligible  to  any  other  municipal  office  during  the 
term  for  which  he  shall  have  been  appointed,  or  for  one  year 
thereafter;  nor  act  as  officer  oP  any  election  or  primary  election; 
nor  take  part  in  any  election  except  to  vote  and  when  acting  as 
Election  Commissioner,  at  which  time  he  shall  perform  only  such 
official  duties  as  may  be  required  of  him  by  law  and  by  this  Char¬ 
ter. 


138  Charter  of  the  City  and  County  of  San  Francisco 

President.  Registrar  of  Voters.  Salary.  Term.  Secretary.  Duties. 

Sec.  3.  The  Commissioners  shall  organize  within  ten  days  after 
their  appointment  by  choosing  one  of  their  number  President.  In 
case  of  failure  to  agree,  he  shall  be  selected  by  lot.  He  shall  hold 
office  for  one  year  and  until  bis  successor  is  chosen.  The  Board 
shall  appoint  a  Registrar  of  Voters,  who  shall  receive  an  annual 
salary  of  twenty-four  hundred  dollars.  The  Registrar  shall  be 
the  Secretary  of  the  Board,  and  shall  keep  a  record  of  its  pro¬ 
ceedings,  and  shall  execute  all  orders  and  enforce  all  rules  and 
regulations  adopted  by  the  Board.  The  term  of  office  of  Regis¬ 
trar  shall  be  four  years. 

Clerks.  Salaries. 

Sec.  4.  The  Board  may  appoint  such  other  clerical  assistants 
as  may  be  necessary  at  a  salary  not  to  exceed  one  hundred  dollars 
a  month  each  for  the  time  actually  employed.  The  Board  shall, 
by  resolution  adopted  by  a  majority  vote  of  all  its  members  and 
entered  upon  its  minutes,  designate  the  service  to  be  rendered 
by  such  assistants  and  the  time  for  which  they  shall  be  employed. 
The  time  of  employment  of  such  assistants  shall  not  be  extended 
except  by  like  resolution  of  the  Board,  and  when  a  salary  shall 
have  been  once  fixed  it  shall  not  be  increased.  This  section  is 
subject  to  the  provisions  of  Article  XIII  of  this  Charter. 

General  Laws  Applicable.  Precinct  Registration. 

Sec.  5.  All  provisions  of  the  general  laws  of  this  State  respect¬ 
ing  elections  shall  be  applicable  to  all  elections  held  in  the  City 
and  County  of  San  Francisco.  All  provisions  of  the  general  laws 
of  this  State  respecting  the  registration  of  voters  shall  be  appli¬ 
cable  to  such  registration  in  the  City  and  County.  The  Board  of 
Election  Commissioners  must  provide  for  precinct  registration  so 
far  as  it  can  do  so  under  the  Constitution  and  laws  of  the  State. 

CHAPTER  II. 

MUNICIPAL  ELECTIONS. 

When  Held.  Officers  to  Be  Elected.  Terms. 

Section  1.  There  shall  be  held  in  the  City  and  County  of  San 
Francisco  on  the  first  Tuesday  after  the  first  Monday  of  Novem¬ 
ber  in  the  year  one  thousand  eight  hundred  and  ninety-nine,  and 
in  every  second  year  thereafter,  an  election  to  be  known  as  the 
municipal  election. 

At  said  elections  there  shall  be  elected  by  the  electors  of  the 
City  and  County  the  following  officers:  the  Mayor,  eighteen  Su¬ 
pervisors,  an  Auditor,  Treasurer,  Assessor,  Tax  Collector,  Re¬ 
corder,  City  Attorney,  District  Attorney,  Public  Administrator, 
County  Clerk,  Sheriff,  Coroner,  and  four  Police  Judges.  Each  of 
the  above  officers  shall  be  elected  for  two  years,  except  the  Police 
Judges  and  the  Assessor,  each  of  whom  shall  be  elected  for  four 
years,  The  Superintendent  of  Public  Schools  shall  be  elected  for 


Article  XII,  Acquisition  of  Public  Utilities  139 

four  years,  and  the  Justices  of  the  Peace  for  two  years,  at  the 
same  time  that  members  of  the  Legislature  are  elected. 

Term  of  Officers  Elected  in  1898. 

Sec.  2.  All  of  the  officers  of  the  City  and  County  of  San  Fran¬ 
cisco  who  shall  be  elected  in  the  year  one  thousand  eight  hundred 
and  ninety-eight,  under  existing  laws,  except  the  Superintendent 
of  Public  Schools  and  the  Justices  of  the  Peace,  shall  hold  office 
only  until  the  hour  of  noon  on  the  first  Monday  after  the  first  day 
of  January  in  the  year  nineteen  hundred. 

When  Take  Office. 

Sec.  3.  The  officers  first  elected  as  aforesaid  under  this  Charter 
shall  take  office  at  noon  on  the  first  Monday  after  the  first  day  of 
January  following. 

Mayor’s  Proclamation. 

Sec.  4.  The  Mayor  shall  issue  his  proclamation  and  publish  the 
same  in  the  official  newspaper  for  at  least  twenty  days  previous 
to  the  day  in  each  year  on  which  the  municipal  election  is  to  be 
held  under  this  Charter,  calling  upon  the  electors  of  the  City  and 
County  to  meet  for  the  purpose  of  electing  such  officers  as  are 
provided  for  in  this  Charter,  reciting  in  such  proclamation  the 
different  officers  to  be  elected  at  such  election. 


ARTICLE  XII. 

ACQUISITION  OF  PUBLIC  UTILITIES. 

Intention  of  the  People. 

It  is  hereby  declared  to  be  the  purpose  and  intention  of  the  peo¬ 
ple  of  the  City  and  County  that  its  public  utilities  shall  be  grad¬ 
ually  acquired  and  ultimately  owned  by  the  City  and  County. 
To  this  end  it  is  hereby  ordained: 

Plans  and  Estimates  of  Cost  of  Construction.  Cost  of  Water  Works.  Sources 
of  Supply.  Supervisors  to  Negotiate  for  Acquisition. 

Section  1.  Whenever  the  Board  of  Supervisors  by  ordinance, 
as  hereinafter  provided,  shall  determine  that  the  public  interest 
or  necessity  demands  the  acquisition,  construction  or  completion 
of  any  public  utility  or  utilities  by  the  City  and  County,  or  when¬ 
ever  the  electors  shall  petition  the  Board  of  Supervisors,  as  pro¬ 
vided  in  Section  3  of  this  Article,  for  the  acquisition  of  any  public 
utility  or  utilities,  the  Board  of  Supervisors  must  procure  from  the 
Board  of  Public  Works,  through  the  City  Engineer,  plans  and  es¬ 
timates  of  the  cost  of  original  construction  and  completion,  b}r 
the  City  and  County,  of  such  public  utility  or  utilities. 

In  securing  estimates  of  the  cost  of  original  construction  and 
completion  of  water  works,  by  the  City  and  County,  the  Board  of 
Supervisors  must  procure,  as  hereinabove  specified,  and  place  on 
file  plans  and  estimates  of  the  cost  of  obtaining  from  such  sources 


140  Charter  of  the  City  and  County  of  San  Francisco 

as  the  Board  of  Supervisors  may  designate  as  available,  a  sufficient 
supply  of  good,  pure  water  for  the  City  and  County. — As  amended 
December  4,  1902,  approved  by  the  Legislature  February  5,  1903 
(. Statutes  1903,  page  591). 

Offers  for  the  Sale  of  Utilities. 

Sec.  2.  Before  submitting  propositions  to  the  electors  for  the 
acquisition  by  original  construction  or  condemnation  of  public 
utilities,  the  Board  of  Supervisors  must  solicit  and  consider  offers 
for  the  sale  to  the  City  and  County  of  existing  utilities,  in  order 
that  the  electors  may  have  the  benefit  of  acquiring  the  same  at  the 
lowest  possible  cost  thereof. — As  amended  December  4,  1902,  ap¬ 
proved  by  the  Legislature  February  5,  1903  ( Statutes  1903,  page 
591). 

Petition  of  Electors.  Duty  of  Supervisors.  Duty  of  Clerk.  Mayor  May  Also 
Submit  Proposition.  Two  Alternative  Propositions.  Supervisors  May 
Proceed  at  Once.  Power  of  Supervisors. 

Sec.  3.  Whenever  a  petition  or  petitions,  each  signed  by  elec¬ 
tors  of  the  City  and  County  equal  in  number  to  fifteen  per  centum 
of  all  the  votes  cast  in  the  City  and  County  at  the  last  preceding 
general  election,  shall  be  presented  to  the  Board  of  Supervisors, 
setting  forth  that  the  signers  of  such  petition  or  petitions  favor 
the  acquisition  of  the  public  utility  or  utilities  therein  named,  it 
shall  be  the  duty  of  the  Clerk  of  the  Board  of  Supervisors  to  im¬ 
mediately  proceed  to  examine  and  verify  the  signatures  to  such 
petition  or  petitions,  and  to  certify  the  result  of  such  examina¬ 
tion  to  the  Board  of  Supervisors.  If  the  required  number  of  sig¬ 
natures  be  found  to  be  genuine,  the  Clerk  shall  transmit  to  the 
Mayor  an  authentic  copy  of  such  petition  or  petitions,  without 
the  signatures  thereto. 

Upon  receiving  a  certificate  of  the  Clerk  that  the  petition  or 
petitions  contain  the  required  number  of  genuine  signatures,  it 
shall  be  the  duty  of  the  Board  of  Supervisors  to  procure,  in  the 
manner  specified  in  Section  1  of  this  Article,  plans  and  estimates 
of  the  cost  of  original  construction  and  completion  of  each  public 
utility  named  in  such  petition  or  petitions. 

Thereafter,  the  Board  of  Supervisors  shall  formulate  for  sub¬ 
mission  to  the  electors  of  the  City  and  County  at  a  special  elec¬ 
tion  called  for  the  purpose,  a  separate  proposition  for  the  acquisi¬ 
tion  of  each  public  utility  named  in  such  petition  or  petitions. 

The  Mayor  shall  also  have  the  right  to  formulate  and  submit 
to  the  electors,  at  such  special  election,  a  proposition  for  the  ac¬ 
quisition  of  each  public  utility  named  in  such  petition  or  petitions, 
separate  from  the  proposition  therefor  formulated  by  the  Board 
of  Supervisors. 

All  propositions  formulated  under  the  provision  of  this  Section 
shall  be  completed  within  six  months  after  the  filing  of  such  peti¬ 
tion  or  petitions. 


Article  XII,  Acquisition  of  Public  Utilities  141 

Nothing  in  this  Section  shall  be  so  construed  as  to  prohibit  the 
Board  of  Supervisors  from  responding  to  the  aforesaid  petition 
or  petitions  of  the  electors  requesting  the  acquisition  of  any  pub¬ 
lic  utility  or  utilities  by  proceeding  at  once,  without  the  submis¬ 
sion  of  propositions  to  the  electors  as  aforesaid,  to  pass  an  Ordi¬ 
nance  declaring  its  determination,  as  provided  in  Section  5  of  this 
Article,  to  acquire  the  same  and  from  proceeding  thereafter 
to  secure  the  acquisition  thereof,  as  hereinafter  provided. — 
As  amended  December  4,  1902,  approved  by  the  Legislature  Feb¬ 
ruary  5,  1903  ( Statutes  1903,  page  591). 

Supervisors  to  Call  Special  Election  When  and  for  What  Purpose.  Acquisi¬ 
tion  through  Annual  Revenues.  Majority  of  Electors  to  Decide.  Acqui¬ 
sition  Through  Bond  Issues.  Board  to  Undertake  Proceedings  When. 
Two-thirds  Vote  of  Electors  to  Decide. 

Sec.  4.  At  the  next  regular  meeting  after  the  completion  of  the 
proposition  or  propositions  for  the  acquisition  of  the  public  utility 
or  utilities  named  in  such  petition  or  petitions,  the  Board  of  Su¬ 
pervisors  by  Ordinance,  as  hereinafter  in  Section  6  provided,  shall 
call  a  special  election  at  which  the  propositions  of  the  Board  of 
Supervisors  and  of  the  Mayor,  if  he  formulate  any,  shall  be  sub¬ 
mitted  to  the  electors  of  the  City  and  County. 

When  the  cost  of  any  public  utility  or  utilities  named  in  such 
petition  or  petitions  can  be  paid  out  of  the  annual  revenues  of 
the  City  and  County  in  addition  to  the  other  necessary  expenses 
thereof,  each  proposition  therefor,  submitted  to  the  electors,  shall 
specify  the  cost  of  the  utility  therein  proposed  for  acquisition  by 
the  City  and  County,  the  proposed  method  and  manner  of  pay¬ 
ment  thereof,  and  the  Board  of  Supervisors  shall  submit  therein 
to  the  electors  the  question  whether  the  same  shall  be  acquired 
upon  such  terms.  A  majority  of  the  electors  voting  at  such  special 
election  shall  be  necessary  to  accept  such  proposition. 

At  as  early  a  date  after  the  determination  of  the  result  of  such 
special  election  as  the  Board  of  Supervisors  shall  deem  for  the 
best  interests  of  the  City  and  County,  it  shall  undertake  pro¬ 
ceedings  and  enter  into  such  negotiations  and  contracts  as  may 
be  necessary  for  the  acquisition  of  any  public  utility  or  utilities 
named  in  any  propositon  or  propositions  accepted  by  a  majority 
of  the  electors  voting  at  such  special  election. 

If,  however,  the  cost  of  any  public  utility  or  utilities,  named  in 
any  petition  or  petitions  of  the  electors,  shall  so  far  exceed  the 
annual  revenues  of  the  City  and  County,  in  addition  to  the  other 
necessary  expenses  thereof,  as  to  render  it  necessary  to  incur  a 
municipal  bonded  indebtedness  therefor,  each  proposition  for  the 
acquisition  of  such  public  utility  or  utilities  shall  specify  the 
amount  of  the  bonded  indebtedness  necessary  therefor  and  the 
rate  of  interest  thereon,  and  the  Board  of  Supervisors  shall  sub¬ 
mit  to  the  electors,  at  such  special  election,  the  question  whether 
such  bonded  indebtedness  shall  be  incurred.  At  least  two-third« 


142  Charter  of  the  City  and  County  of  San  Francisco 


of  the  electors  voting  at  such  special  election  shall  be  necessary 
to  secure  the  acquisition  of  such  public  utility  or  utilities  and  to 
warrant  the  issuance  of  municipal  bonds  therefor. — As  amended 
December  4,  1902,  approved  by  the  Legislature  February  5,  1903 
( Statutes  1903,  page  592). 

Ordinance  of  Intention  to  Be  Published  Two  Weeks.  Duty  of  Board  When 
Cost  Can  Be  Paid  Out  of  Annual  Revenues.  Incurring  of  Municipal 
Bonded  Indebtedness. 

Sec.  5.  Whenever  the  Board  of  Supervisors  shall  determine 
that  the  public  interest  or  necessity  demands  the  acquisition,  con¬ 
struction  or  completion  of  any  public  utility  or  utilities,  it  shall 
specifically  declare  such  determination  by  an  Ordinance,  which 
shall  also  direct  the  Board  of  Public  Works  to  procure  and  file 
plans  and  estimates  of  the  cost  of  original  construction  and  com¬ 
pletion  of  such  public  utility  or  utilities.  Such  Ordinance  shall 
be  published  for  at  least  two  weeks  in  the  official  newspaper. 

When  the  cost  of  such  public  utilities,  or  any  of  them,  can  be 
paid  out  of  the  annual  revenues  of  the  City  and  County  in  addi¬ 
tion  to  the  other  necessary  expenses  thereof,  the  Board  of  Super¬ 
visors  shall,  as  soon  after  the  filing  of  the  plans  and  estimates  of 
cost  thereof  as  it  may  deem  for  the  best  interests  of  the  City  and 
County,  enter  into  such  negotiations  and  contracts  as  may  be 
necessary  for  the  acquisition  of  the  same. 

If,  however,  the  cost  of  such  public  utilities,  or  any  of  them, 
shall  so  far  exceed  the  annual  revenues  of  the  City  and  County 
in  addition  to  the  other  necessary  expenses  thereof,  as  to  render 
it  necessary  to  incur  a  municipal  bonded  indebtedness  therefor, 
the  Board  of  Supervisors  shall,  at  any  regular  meeting  held  within 
eight  weeks  after  the  filing  of  the  plans  and  estimates  of  cost 
thereof,  by  Ordinance,  as  hereinafter  in  Section  6  of  this  Article 
provided,  call  a  special  election,  at  which  shall  be  submitted  to 
the  electors  a  proposition  or  propositions  for  the  acquisition  of 
such  public  utility  or  utilities.  Such  propositions  shall  specify 
the  amount  of  the  bonded  indebtedness  necessary  for  the  acqui¬ 
sition  of  the  utility  or  utilities  therein  named  and  the  rate  of 
interest  thereon,  and  the  Board  of  Supervisors  shall  submit  to 
the  electors  the  question  or  questions  whether  such  bonded  in¬ 
debtedness  shall  be  incurred.  At  least  two-thirds  of  the  electors 
voting  at  such  special  election  shall  be  necessary  to  warrant  the 
issuance  of  municipal  bonds  for  the  acquisition  of  such  public 
utility,  or  any  of  them. — As  amended  December  4,  1902,  approved 
by  the  Legislature  February  5,  1903  ( Statutes  1903,  page  593). 
Ordinance  Calling  Special  Election.  Questions  to  Be  Submitted. 

Sec.  6.  Whenever,  under  the  provisions  of  this  Article,  it  shall 
be  necessary  to  call  a  special  election  for  the  purpose  of  submit¬ 
ting  to  the  electors  a  proposition  or  propositions  for  the  acquisi¬ 
tion  of  public  utilities,  the  Board  of  Supervisors  shall  pass  an 
Ordinance  calling  such  special  election  for  such  purpose. 


Article  XII,  Acquisition  of  Public  Utilities  143 

At  such  special  election  all  propositions  for  the  acquisition  of 
public  utilities,  formulated  under  the  provisions  of  this  Article, 
may  be  submitted  to  the  electors  of  the  City  and  County.  No 
question  except  the  acquisition  of  public  utilities  and  the  incur¬ 
ring  of  municipal  indebtedness  therefor  shall  be  submitted  at 
such  special  election. — As  amended  December  4,  1902,  approved  by 
the  Legislature  February  5,  1903  ( Statutes  1903,  page  594). 
Ordinance  for  Special  Election  Shall  Set  Forth  What.  Bonded  Indebtedness. 

Sec.  7.  The  Ordinance  calling  such  special  election  shall  set 
forth  the  purposes  for  which  the  election  is  called,  the  estimated 
cost  of  each  utility  proposed  for  acquisition  by  the  City  and 
County,  the  proposed  method  and  manner  of  payment  thereof, 
and  shall  fix  a  day  on  which  such  special  election  shall  be  held, 
the  manner  of  holding  such  election  and  the  manner  of  voting  for 
or  against  each  proposition  thereat  submitted  to  the  electors ; 
and,  if  it  shall  be  necessary  to  incur  a  municipal  indebtedness  for 
any  utility  or  utilities  therein  proposed  for  acquisition  by  the 
City  and  Count}",  the  Ordinance  shall  specify  the  objects  and  pur¬ 
poses  for  which  such  indebtedness  is  proposed  to  be  incurred, 
and  that  bonds  of  the  City  and  County  shall  issue  for  the  pay¬ 
ment  of  the  cost  of  such  utility  or  utilities,  as  in  such  Ordinance 
set  forth  (if  the  proposition  or  propositions  therefor  be  accepted 
by  the  electors).  Such  election  shall  be  held  as  provided  by  law 
for  holding  elections  in  the  City  and  County. — As  amended  De¬ 
cember  4,  1902,  approved  by  the  Legislature  February  5,  1903 
( Statutes  1903,  page  594). 

Publication  of  Ordinance  for  Ten  Days.  Notice  of  Election  for  Fourteen 
Days. 

Sec.  8.  Such  Ordinance  shall  be  published  daily  for  at  least 
ten  days  in  the  official  newspaper.  At  the  expiration  of  said  ten 
days  the  Supervisors  shall  cause  to  be  published  daily  for  not 
less  than  two  weeks  in  the  official  newspaper  a  notice  of  such 
special  election.  Such  notice  shall  specify  the  purpose  for  which 
the  indebtedness  is  to  be  incurred,  the  number  and  character  of 
the  bonds  to  be  issued,  the  rate  of  interest  to  be  paid,  and  the 
amount  of  tax  levy  to  be  made  for  the  payment  thereof. — As 
amended  December  4,  1902,  approved  by  the  Legislature  February 
5,  1903  ( Statutes  1903,  page  594). 

Limit  to  Indebtedness. 

Sec.  9.  No  indebtedness  shall  be  incurred  for  the  acquisition 
of  any  public  utility  under  the  provisions  of  this  Article,  which, 
together  with  the  existing  bonded  indebtedness  of  the  City  and 
County,  shall  exceed  at  any  one  time  fifteen  per  centum  of  the 
assessed  value  of  all  real  and  personal  property  in  the  City  and 
County.— As  amended  December  4,  1902,  approved  by  the  Legis¬ 
lature  February  5,  1903  ( Statutes  1903,  page  594). 


144  Charter  of  the  City  and  County  of  San  Francisco 

Bonds  for  Acquisition  of  Public  Utilities.  Form.  Denomination.  How  Sold. 

Proceeds  of  Sale:  to  What  Applied.  Unsold  Bonds.  Unsold  Bonds 

Heretofore  Issued.  Registered  Bonds. 

Sec.  10.  The  bonds  issued  under  the  provisions  of  this  Article 
shall  be  of  such  form  as  the  Supervisors  in  the  ordinance  calling 
the  election  therefor  shall  determine;  but  such  bonds  shall  be 
payable,  interest  and  principal,  in  gold  coin  of  the  United 
States.  The  interest  on  such  bonds  shall  not  exceed  5  per  cent 
per  annum,  and  they  shall  be  redeemed  at  such  times  and  in  such 
amounts  as  the  Supervisors  shall  determine,  as  set  forth  in  the 
ordinance  calling  the  special  election;  provided,  that  redemption 
of  such  bonds  shall  begin  in  not  more  than  eighteen  years  and 
shall  be  completed  in  not  more  than  seventy-five  years  from  the 
date  of  the  issue. 

The  bonds  so  issued  shall  be  exempt  from  all  taxation  for  muni¬ 
cipal  purposes  and  shall  be  issued  in  denominations  of  not  less 
than  ten  dollars  and  not  more  than  one  thousand  dollars,  and 
preference  in  the  sale  and  allotment  thereof  shall  be  given  to 
subscribers  for  the  smallest  amounts  and  the  lowest  denomina¬ 
tions. 

The  Supervisors  shall  fix  the  times  and  places  at  which  the  pay¬ 
ment  of  interest  or  principal  may  be  made. 

Such  bonds  when  issued  may  be  sold  by  the  Supervisors  from 
time  to  time,  as  required,  and  in  such  quantities  as  they  may  de¬ 
termine.  When  such  bonds  are  offered  for  sale  they  shall  be 
advertised  in  the  official  paper  and  otherwise  if  so  ordered  by 
the  Supervisors  and  sealed  proposals  for  the  purchase  of  the 
whole  or  any  part  thereof  offered  shall  be.  opened  at  the  time 
specified  in  such  advertisements.  All  proposals  for  the  purchase 
of  such  bonds  shall  be  accompanied  by  a  deposit  of  5  per  cent 
of  the  amount  bid  in  lawful  money  of  the  United  States  or  by 
a  deposit  of  a  certified  check  payable  to  the  Clerk  of  the  Board 
of  Supervisors  of  the  City  and  County  for  a  like  sum ;  provided , 
that  no  deposit  need  exceed  the  sum  of  ten  thousand  dollars,  and 
that  no  deposit  need  be  given  by  the  State  of  California,  which 
money  or  check  shall  be  forfeited  by  the  bidder  in  case  he  fails 
to  accept  and  pay  for  the  bonds  bid  for  by  him  if  his  bid  is  ac¬ 
cepted.  Bonds  shall  be  sold  to  the  highest  bidder  for  not  less 
than  par,  but  the  Supervisors  shall  have  the  right  to  reject  any 
or  all  bids  made  for  the  purchase  thereof.  If  less  than  the  amount 
of  bonds  offered  shall  be  sold,  the  Supervisors  may,  with  the 
concurrence  of  fourteen  members  and  the  Mayor,  place  such  un¬ 
sold  bonds  on  sale  at  the  City  Treasury,  or  at  branches  thereof 
established  by  the  Treasurer  for  public  convenience;  and  such 
bonds  may  be  sold  to  any  applicant  at  such  prices  as  may  be 
fixed  by  the  Supervisors,  provided  that  such  prices  shall  not  be 
less  than  par  and  accrued  interest. 

The  proceeds  of  any  sale  of  bonds  shall  be  placed  in  the  treas- 


Article  XII,  Acquisition  of  Public  Utilities  145 

ury  to  the  credit  of  the  proper  fund,  and  shall  be  applied  exclu¬ 
sively  to  the  purposes  and  objects  mentioned  in  the  ordinance 
authorizing  their  issue  until  such  objects  are  fully  accomplished; 
after  which,  if  any  surplus  remains,  such  surplus  may  be  trans¬ 
ferred  to  the  general  fund,  except  that  if  such  surplus  exceeds 
the  sum  of  two  thousand  dollars,  then  such  surplus  and  the  whole 
thereof  shall  be  transferred  to  the  appropriate  fund  or  funds  to 
pay  the  interest  and  maintain  the  sinking  fund  or  provide  for  the 
retirement  of  the  bonded  indebtedness  in  connection  with  which 
such  surplus  remains. 

If  the  bonds  or  any  of  them  offered  for  sale  shall  remain  un¬ 
sold  the  Supervisors  may  so  declare,  and  may,  with  the  concur¬ 
rence  of  fourteen  members  and  the  Mayor,  cancel  such  unsold 
bonds,  provided  that  no  bonds  shall  be  canceled  as  aforesaid  unless 
the  same  have  been  offered  for  sale  by  advertisement,  as  above 
provided,  at  least  three  separate  times  at  intervals  of  not  less 
than  thirty  days,  and  provided  that  no  such  bonds  shall  be  can¬ 
celed  by  the  Supervisors  as  aforesaid  for  which  par  or  above  has 
been  bid  by  any  bona  fide  responsible  bidder  or  bidders. 

The  provisions  of  this  section,  regarding  the  cancellation  of  un¬ 
sold  bonds,  shall  apply  to  any  bonds  that  have  been  heretofore 
issued  or  to  any  bonds  that  have  been  heretofore  authorized  by  a 
vote  of  the  electors  of  the  City  and  County  under  this  section  or 
under  Section  29  of  Article  XVI  of  this  Charter,  and  that  remain 
unsold  after  efforts  to  sell  the  same  shall  have  been  made  as 
above  provided. 

Whenever  the  owner  of  any  coupon  bond,  or  of  any  bond  pay¬ 
able  to  bearer,  already  issued  or  hereafter  issued  by  the  City  and 
County  shall  present  any  such  bond  to  the  Treasurer  with  a  re¬ 
quest  for  the  conversion  of  such  bond  into  a  registered  bond, 
such  Treasurer  shall  cut  off  and  cancel  the  coupons  of  any  such 
coupon  bond  so  presented,  and  shall  stamp,  print  or  write  upon 
such  coupon  bond  or  such  other  bond  payable  to  bearer,  so  present¬ 
ed,  either  upon  the  back  or  upon  the  face  thereof,  as  may  be  con¬ 
venient,  a  statement  to  the  effect  that  the  said  bond  is  registered 
in  the  name  of  the  owner,  and  that  thereafter  the  interest  and 
principal  of  said  bond  are  payable  to  the  registered  owner.  There¬ 
after,  and  from  time  to  time,  any  such  bond  may  be  transferred 
by  such  registered  owner  in  person,  or  by  attorney  duly  author¬ 
ized  on  presentation  of  such  bond  to  Treasurer,  and  the  bond  be 
again  registered  as  before,  a  similar  statement  being  stamped, 
printed  or  written  thereon.  Such  statement  stamped,  printed  or 
written  upon  any  such  bond  may  be  in  substantially  the  follow¬ 
ing  form: 

(Date — giving  month,  year  and  day.) 

This  bond  is  registered  pursuant  to  Charter  of  the  City  and 
County  of  San  Francisco,  State  of  California,  in  the  name  of - 


140  Charter  of  the  City  and  County  of  San  Francisco 

(here  insert  name  of  owner) ;  and  the  interest  and  principal  there¬ 
of  are  hereafter  payable  to  such  owner.  - 

Treasurer. 

After  any  bond  shall  have  been  registered  as  aforesaid,  the 
principal  and  interest  of  such  bond  shall  be  payable  to  the  regis¬ 
tered  owner.  Such  Treasurer  shall  keep  in  his  office  a  book  or 
books  which  shall,  at  all  times,  show  what  bonds  are  registered 
and  in  whose  names,  respectively. — As  amended  November  5, 
1907,  approved  by  the  Legislature  November  22,  1907  ( Statutes 
Special  Session ,  1907,  page  15). 

Signatures.  Coupons. 

Sec.  11.  Such  bonds  shall  be  signed  by  the  Mayor  and  the 
Treasurer,  and  shall  be  countersigned  by  the  Auditor.  The  cou¬ 
pons  shall  be  numbered  consecutively  and  signed  by  the  Treas¬ 
urer,  and  the  bonds  and  coupons  shall  be  payable  at  the  office  of 
the  Treasurer. — As  amended  December  4,  1902,  approved  by  the 
Legislature  February  5,  1903  ( Statutes  1903,  page  595). 

Levy  of  Tax  to  Pay  Annual  Interest  on  Bonds. 

Sec.  12.  At  the  time  of  levying  the  municipal  tax,  and  in  the 
manner  provided  for  such  tax  levy,  the  Supervisors  shall  levy 
and  collect  annually  a  tax  sufficient  to  pay  the  annual  interest  on 
such  bonds,  and  also  such  part  of  the  bonded  municipal  indebt¬ 
edness  as  will  fall  due  within  the  succeeding  fiscal  year,  and  as 
may  be  necessary  to  provide  for  the  sinking  fund  payments  of 
the  next  succeeding  fiscal  year;  provided  that  when  the  interest 
and  sinking  fund  payments  for  any  fiscal  year  on  the  bonds  issued 
for  any  public  utility  can  be  met  out  of  the  surplus  earnings  of 
such  public  utility  for  the  preceding  fiscal  year,  no  tax  shall  be 
levied  for  such  purpose.  Such  taxes  shall  be  in  addition  to  all 
other  taxes  levied  for  municipal  purposes,  and  shall  be  collected 
at  the  same  time  and  in  the  same  manner  as  other  municipal  taxes 
are  collected. — As  amended  November  5,  1907,  approved  by  the 
Legislature  November  22,  1907  ( Statutes  Special  Session,  1907, 
page  17). 

Penalty  for  Failure  to  Enforce  This  Article. 

Sec.  13.  A  neglect  or  refusal  on  the  part  of  the  Supervisors  to 
comply  with  the  provisions  of  this  Article  shall  constitute  cause 
for  the  removal  from  office  of  any  member  or  members  of  the 
Board  guilty  of  such  neglect  or  refusal. — As  amended  December 
4,  1902,  approved  by  the  Legislature  February  5,  1903  (Statutes, 
1903,  page  596). 

Power  to  Acquire  Public  Utilities. 

Sec.  14.  The  City  and  County  shall  have  power  to  acquire, 
construct  or  complete  any  public  utility  from  funds  derived  from 
taxes  levied  for  that  purpose,  or  from  funds  derived  from  the 
sale  of  bonds  issued  for  that  purpose,  as  is  provided  in  this  Char¬ 
ter,  and  may  operate,  maintain,  sell  or  lease  the  same,  subject  to 
the  other  provisions  and  limitations  of  this  Charter. 


Article  XII,  Acquisition  of  Public  Utilities  147 

Acquisition  of  Lands  for  Water  Purposes. 

Sec.  15.  The  Supervisors  shall  have  power,  in  the  name  and  for 
the  benefit  of  the  City  and  County,  to  acquire  by  purchase  or 
condemnation,  subject  to  the  conditions  and  limitations  in  this 
Charter  and  the  general  laws  of  the  State  prescribed,  any  lands 
situated  within  the  State  of  California  necessary  for  constructing 
or  maintaining  canals,  aqueducts,  reservoirs,  tunnels,  flumes, 
ditches,  or  pipes  for  conducting  or  storing  water  for  the  use  of 
the  City  and  County,  or  the  inhabitants  thereof. 

Disposition  of  Receipts  from  Public  Utilities. 

Sec.  16.  1.  Whenever  any  public  utility  shall  be  operated  by 
the  City  and  County,  the  receipts  from  such  utility  shall  be  paid 
daily  into  the  city  treasury  and  maintained  in  a  special  fund  set 
aside  for  such  utility.  The  Supervisors  may,  from  time  to  time, 
make  appropriations  from  such  funds  for  the  following  purposes : 

(а)  For  the  payment  of  the  operating  expenses  of  such  utility; 

(б)  For  repairs  and  reconstruction; 

(c)  For  payment  of  interest  and  sinking  fund  on  the  bonds 
issued  for  the  acquisition  or  construction  of  such  utility; 

(d)  For  extensions  and  improvements; 

(e)  For  a  reserve  fund. 

Reserve  Fund. 

2.  Whenever  the  reserve  fund  shall  exceed  one-half  of  the  pay¬ 
ment  for  operating  expenses  in  the  preceding  fiscal  year,  the  Su¬ 
pervisors  shall  have  the  power  to  appropriate  such  excess  to  the 
general  fund. 

Books  of  Account. 

3.  The  City  and  County,  when  owning  any  public  utility,  shall 
keep  the  books  of  account  for  such  public  utility  distinct  from 
other  City  and  County  accounts  and  in  such  manner  as  to  show  the 
true  and  complete  financial  results  of  such  municipal  ownership, 
or  ownership  and  operation,  as  the  case  may  be.  Such  accounts 
shall  be  so  kept  as  to  show  the  actual  cost  to  the  City  and  County 
of  the  public  utility  owned;  all  costs  of  maintenance,  extension 
and  improvement;  all  operating  expenses  of  every  description, 
and  in  case  of  such  municipal  operation  the  amounts  set  aside  for 
sinking  fund  purposes.  If  any  service  shall  be  furnished  for  the 
use  of  such  public  utility  without  charge,  the  accounts  shall  show 
as  nearly  as  possible  the  value  of  such  service,  and  also  the  value 
of  such  similar  service  rendered  by  the  public  utility  to  any  other 
municipal  department  without  charge;  such  accounts  shall  also 
show  reasonable  allowances  for  interest,  depreciation  and  insur¬ 
ance,  and  also  estimates  of  the  amount  of  taxes  that  would  be 
chargeable  against  such  property  if  owned  by  a  private  corpora¬ 
tion.  The  Supervisors  shall  cause  to  be  printed  annually  for 
public  distribution  a  report  showing  the  financial  results,  in  form 
as  aforesaid,  of  such  municipal  ownership  and  operation.  The 
accounts  of  such  public  utility,  kept  as  aforesaid,,  shall  be  exam- 


148  Charter  of  the  City  and  County  of  San  Francisco 

ined  at  least  once  a  year  by  an  expert  accountant,  who  shall  report 
to  the  Supervisors  the  result  of  his  examination.  Such  expert 
accountant  shall  be  selected  in  such  manner  as  the  Supervisors 
may  direct,  and  he  shall  receive  for  his  services  such  compensa¬ 
tion,  to  be  paid  out  of  the  income  or  revenues  from  such  public 
utility,  as  the  Supervisors  may  prescribe. — Sections  14,  15,  16 
added  by  amendment  adopted  November  5,  1907,  approved  by  the 
Legislature  November  23,  1907  ( Statutes  Special  Session ,  1907, 
page  37). 


ARTICLE  XIII. 

CIVIL  SERVICE. 

Three  Commissioners.  Qualifications.  Appointed,  by  Mayor.  Terms. 

Section  1.  Immediately  upon  the  taking  effect  of  this  Charter 
the  Mayor  shall  appoint  three  persons,  known  by  him  to  be 
devoted  to  the  principles  of  Civil  Service  reform,  who  shall  con¬ 
stitute  the  Civil  Service  Commission,  one  for  one  year,  one  for 
two  years,  and  one  for  three  years.  Each  year  thereafter  the 
Mayor  shall  in  like  manner  appoint  one  person  as  the  successor 
of  the  Commissioner  whose  term  of  office  expires  in  that  year, 
to  serve  as  such  Commissioner  for  three  years.  All  appointments 
shall  be  so  made  that  not  more  than  one  Commissioner  shall  at 
any  time  belong  to  the  same  political  party.  Each  of  such  Com¬ 
missioners  shall  receive  an  annual  salary  of  twelve  hundred  dol- 
ars. 

Classified  Service. 

Sec.  2.  The  Commissioner?  shall  classify  all  the  places  of  em¬ 
ployment  in  or  under  the  offices  and  departments  of  the  City  and 
County  mentioned  in  section  eleven  of  this  Article,  with  reference 
to  the  examinations  hereinafter  provided  for.  The  places  so  clas¬ 
sified  by  the  Commissioners  shall  constitute  the  classified  civil 
service  of  the  City  and  County,  and  no  appointment  to  any  such 
place  shall  be  made  except  according  to  the  rules  hereinafter 
mentioned. 

Rules  of  Commissioners. 

Sec.  3.  The  Commissioners  shall  make  rules  to  carry  out  the 
purposes  of  this  Article,  and  for  examinations,  appointments,  pro¬ 
motions  and  removals,  and  in  accordance  with  its  provisions  may 
from  time  to  time  make  changes  in  the  existing  rules.  All  rules 
and  all1  changes  therein  shall  be  forthwith  printed  for  distribu¬ 
tion  by  the  Commissioners. 

Examination  of  Applicants. 

Sec.  4.  All  applicants  for  places  in  the  classified  civil  service 
shall  be  subjected  to  examination,  which  shall  be  public,  competi¬ 
tive  and  free.  Such  examinations  shall  be  practical  in  their  char- 


Article  XIII,  Civil~Service  149 

acter,  and  shall  relate  to  those  matters  only  which  will  fairly 
test  the  relative  capacity  of  the  persons  examined  to  discharge  the 
duties  of  the  positions  to  which  they  seek  to  be  appointed,  and 
shall  include,  when  appropriate,  tests  of  physical  qualifications, 
health,  and  of  manual  or  professional  skill. 

Selection  of  Laborers. 

Sec.  5.  The  selection  of  laborers  shall  be  governed  by  priority 
of  application  only.  No  question  in  any  examination  shall  relate 
to  political  or  religious  opinions  or  affiliations.  The  Commission¬ 
ers  shall  control  all  examinations,  and  may,  whenever  an  exam¬ 
ination  is  to  take  place,  designate  a  suitable  number  of  persons, 
either  in  or  not  in  the  official  service  of  the  City  and  County,  to 
be  examiners;  and,  if  in  the  official  service,  it  shall  be  a  part  of 
their  official  duty,  without  extra  compensation,  to  conduct  such 
examinations  as  the  Commissioners  may  direct,  and  to  make  re¬ 
turn  and  report  thereof  to  the  Commissioners.  The  Commission¬ 
ers  may  substitute  any  other  person,  whether  in  or  not  in  such 
service,  in  the  place  of  any  one  so  selected,  or  may  themselves 
act  as  such  examiners. 

Notice  of  Examinations. 

Sec.  6.  Notice  of  the  time,  place  and  general  scope  of  every 
examination  shall  be  given  by  the  Commissioners  by  publication 
for  two  weeks  preceding  such  examination  in  the  official  news¬ 
paper,  and  such  notice  shall  also  be  posted  by  the  Commissioners 
in  a  conspicous  place  in  their  office  for  two  weeks  before  such 
examination.  Such  further  notice  of  examination  shall  be  given 
as  they  may  prescribe. 

Registers  of  Each  Class  of  Positions. 

Sec.  7.  From  the  returns  of  the  examiners,  or  from  the  examin¬ 
ations  made  by  the  Commissioners,  the  Commissioners  shall  pre¬ 
pare  a  register  for  each  grade  or  class  of  positions  in  the  classified 
service  of  the  City  and  County  of  the  persons  whose  general 
average  standing  upon  examination  for  such  grade  or  class  is 
not  less  than  the  minimum  fixed  by  the  rules  of  the  Commission¬ 
ers,  and  who  are  otherwise  eligible.  Such  persons  shall  take  rank 
upon  the  register  as  candidates  in  the  order  of  their  relative  ex¬ 
cellence,  as  determined  by  examination,  without  reference  to  pri¬ 
ority  of  time  of  examination. 

Promotions,  Basis  Of. 

Sec.  8.  The  Commissioners  shall  provide  for  promotion  in  the 
classified  service  on  the  basis  of  ascertained  merit  and  seniority 
in  service  and  standing  upon  examination,  and  shall  provide,  in 
all  cases  where  practicable,  that  vacancies  shall  be  filled  by  pro¬ 
motion.  All  examinations  for  promotions  shall  be  competitive 
among  such  members  of  the  next  lower  rank  established  by  the 
Commissioners  for  each  department  as  desire  to  submit  them¬ 
selves  to  such  examinations.  The  Commissioners  shall  submit  to 


150  Charter  of  the  City  and  County  of  San  Francisco 

the  appointing  power  the  names  of  not  more  than  three  appli¬ 
cants  having  the  highest  rating  for  each  promotion.  The  method 
of  examining,  and  the  rules  governing  the  same,  and  the  method 
of  certifying,  shall  be  the  same,  as  near  as  may  be,  as  provided 
for  applicants  for  original  appointments. 

Duty  of  Heads  of  Departments.  Candidates  Highest  on  Register. 

Sec.  9.  The  heads  of  the  department  or  office,  in  which  a  posi¬ 
tion  classified  under  this  Article  is  to  be  tilled,  shall  notify  the 
Commissioners  of  that  fact,  and  the  Commissioners  shall  then 
certify  to  the  appointing  officer  the  name  and  address  of  one  or 
more  candidates,  not  exceeding  three,  standing  highest  upon  the 
register  for  the  class  or  grade  to  which  the  position  belongs;  but 
laborers  shall  be  taken  according  to  their  priority  of  application. 
In  making  such  certification,  sex  shall  be  disregarded,  except 
when  some  statute,  the  rules  of  the  Commissioners,  or  the  appoint¬ 
ing  power  specifies  sex. 

Appointments  on  Probation.  Conditions  of  Discharge.  Temporary  Appoint¬ 
ments. 

Sec.  10.  The  appointing  officer  shall  notify  the  Commissioners 
of  each  position  to  be  filled  separately,  and  shall  fill  such  place 
by  the  appointment  of  one  of  the  persons  certified  to  him  by  the 
Commissioners  therefor.  Such  appointment  shall  be  on  proba¬ 
tion  for  a  period  to  be  fixed  by  the  rules  of  the  Commissioners; 
but  such  rules  shall  not  fix  such  period  at  exceeding  six  months. 
The  Commissioners  may  strike  off  names  of  candidates  from  the 
register  after  they  have  remained  thereon  more  than  two  years. 
At  or  before  the  expiration  of  the  period  of  probation,  the  head 
of  the  department  or  office  in  which  a  candidate  is  employed,  may, 
by  and  with  the  consent  of  the  Commissioners,  discharge  him  upon 
assigning  in  writing  his  reason  therefor  to  the  Commissioners. 
If  he  is  not  then  discharged,  his  appointment  shall  be  deemed 
con  plete.  To  prevent  the  stoppage  of  public  business,  or  to  meet 
extraordinary  exigencies,  the  head  of  any  department  or  office 
may,  with  the  approval  of  the  Commissioners,  make  temporary 
appointments,  to  remain  in  force  not  exceeding  sixty  days,  and 
only  until  regular  appointments,  under  the  provisions  of  this 
Article,  can  be  made. 

Departments  Governed  by  This  Article. 

Sec.  j1.  The  provisions  of  this  Article  shall  apply  to  the  fol¬ 
lowing  offices  and  departments  of  the  City  and  County;  the  Comi¬ 
ty  Clerk,  the  Assessor,  the  Tax  Collector,  the  Sheriff,  the  Auditor, 
the  Recorder,  the  Coroner,  the  Clerks  and  Stenographers  of  the 
Justices’  and  Police  Courts,  the  Board  of  Public  Works,  the  Po¬ 
lice  Department,  the  Fire  Department,  the  Board  of  Elect imi  Com¬ 
missioners,  the  Board  of  Health  and  all  boards  or  departments 
controlling  public  utilities;  but  the  following  deputies,  clerks  and 
employes  in  said  offices  and  departments  shall  be  exempted  there¬ 
from  :  the  Cashier  of  the  County  Clerk,  the  Chief  Deputy  and  the 


Article  XIII,  Civil  Service 


151 


Cashier  of  the  Assessor,  the  Chief  Deputy  and  the  Cashier  of  the 
Tax  Collector,  the  Under  Sheriff  and  the  Chief  Bookkeeper  of  the 
Sheriff,  the  Deputy  Auditor,  the  Chief  Deputy  of  the  Recorder, 
the  Chief  Deputy  Coroner,  the  City  Engineer,  the  Secretary  and 
the  Architect  of  the  Board  of  Public  Works,  the  Registrar  of  the 
Board  of  Election  Commissioners,  the  Chief  of  Police,  the  Chief 
Engineer  of  the  Fire  Department,  and  all  physicians  appointed 
by  or  on  the  Board  of  Health.  All  officers,  courts,  boards  and 
heads  of  departments  vested  in  this  Charter  with  the  power  to 
appoint  deputies,  clerks,  stenographers  or  employes  in  any  of  the 
offices  or  departments  of  the  City  and  County  mentioned  in  this 
section  shall  make  such  appointments  in  conformity  with  the  rules 
and  provisions  prescribed  by  this  Article,  and  any  appointment 
not  so  made  shall  be  void. 

Dismissals  for  Cause  Only.  Investigation  of  Charges.  Suspensions. 

Sec.  12.  No  deputy,  clerk  or  employe  in  the  classified  civil 
service  of  the  City  and  County,  who  shall  have  been  appointed 
under  said  rules,  shall  be  removed  or  discharged  except  for  cause, 
upon  written  charges  and  after  an  opportunity  to  be  heard 
in  his  own  defense.  Such  charges  shall  be  investigated  by 
or  before  the  Civil  Service  Commission,  or  by  or  before  some 
officer  or  board  appointed  by  the  Commissioners  to  conduct  such 
investigation.  The  finding  and  decision  of  the  Commissioners,  or 
such  investigating  officer,  or  board,  when  approved  by  the  Com¬ 
missioners,  shall  be  certified  to  the  appointing  officer  or  board, 
and  shall  be  forthwith  enforced  by  such  officer.  Nothing  in  this 
Article  shall  limit  the  power  of  any  officer  or  board  to  suspend 
a  subordinate  for  a  reasonable  period,  not  exceeding  thirty  days. 
Notice  of  Appointments,  Promotions  or  Changes, 

Sec.  13.  Immediate  notice  in  writing  shall  be  given  by  the 
appointing  power  to  the  Commissioners  of  all  appointments,  per¬ 
manent  or  temporary,  made  in  such  classified  civil  service,  and  of 
all  transfers,  promotions,  resignations,  suspensions  or  vacancies 
from  any  cause  in  such  service,  and  of  the  date  thereof;  and  a 
record  of  the  same  shall  be  kept  by  the  Commissioners.  When 
any  place  of  employment  is  created  or  abolished,  or  the  com¬ 
pensation  attached  thereto  altered,  the  officer  or  board  making 
such  change  shall  immediately  report  in  writing  to  the  Commis¬ 
sioners. 

Duties  of  Commissioners. 

Sec.  14.  The  Commissioners  shall  investigate  the  enforcement 
of  the  provisions  of  this  Article,  and  of  its  rules,  and  the  action 
of  the  examiners  herein  provided  for,  and  the  conduct  and  action 
of  the  appointees  in  the  classified  service  in  the  City  and  County, 
and  may  inquire  as  to  the  nature,  tenure  and  compensation  of  all 
places  in  the  public  service  thereof. 


152  Charter  of  the  City  and  County  of  San  Francisc® 

Annual  Report  of  Commissioners. 

Sec.  15.  The  Commissioners  shall,  on  or  before  the  fifteenth 
day  of  January  in  each  year,  make  to  the  Supervisors  a  report 
showing  their  acts,  the  rules  in  force,  the  practical  effects  thereof, 
and  suggestions  for  the  more  effectual  accomplishment  of  the 
purposes  of  this  Article.  The  Mayor  may  require  a  report  from 
the  Commissioners  at  any  time. 

Chief  Examiner.  Secretary.  Duties.  Salary. 

Sec.  16.  The  Commissioners  shall  employ  a  Chief  Examiner 
who  shall,  under  their  direction,  superintend  any  examination 
held  in  the  City  and  County  under  this  Article,  and  who  shall 
perform  such  other  duties  as  the  Commissioners  may  prescribe. 
The  Chief  Examiner  shall  be  Secretary  of  the  Commission  by  vir¬ 
tue  of  his  office.  He  shall  keep  minutes  of  its  proceedings,  pre¬ 
serve  all  reports  made  to  it,  and  keep  a  record  of  all  examina¬ 
tions  held  under  its  direction.  He  shall  receive  an  annual  salary 
of  twenty-four  hundred  dollars. 

Offices  and  Supplies. 

Sec.  17.  The  Supervisors  shall  furnish  the  Commission  with 
suitable  offices,  office  furniture,  books,  stationery,  blanks,  heat  and 
light,  and  shall  provide  for  the  payment  of  such  other  expenses 
as  may  be  necessarily  incurred  in  carrying  out  the  provisions  of 
this  Article. 

No  Aid,  Hindrance,  Fraud  or  Collusion  Permitted. 

Sec.  18.  No  person  or  officer  shall  by  himself,  or  in  co-opera¬ 
tion  with  other  persons,  defeat,  deceive  or  obstruct  any  person  in 
respect  to  his  or  her  right  of  examination ;  or  falsely  mark,  grade, 
estimate  or  report  upon  the  examination  or  proper  standing  of 
any  person  examined  hereunder,  or  aid  in  so  doing;  or  make  any 
false  representations  concerning  the  same,  or  concerning  the  per¬ 
son  examined ;  or  furnish  to  any  person  any  special  or  secret  in¬ 
formation  for  the  purpose  of  either  improving  or  injuring  the 
prospects  or  chances  of  any  person  of  being  appointed,  employed 
or  promoted. 

Certificate  to  Auditor  of  Appointments  and  Vacancies. 

Sec.  19.  The  Commissioners  shall  certify  to  the  Auditor  all 
appointments  to  places  of  employment  in  the  classified  civil  serv¬ 
ice,  and  all  vacancies  occurring  therein,  whether  by  dismissal, 
resignation  or  death,  and  all  findings  made  or  approved  by  the 
Commission  under  the  provisions  of  section  twelve  of  this  Article. 
Penalty  for  Violation. 

Sec.  20.  The  Commissioners  shall  have  power  to  institute  and 
prosecute  legal  proceedings  for  violations  of  any  of  the  pro¬ 
visions  of  this  Article. 


Article  XIV,  Park  Commissioners  153 

ARTICLE  XIV. 

PARK  COMMISSIONERS. 

Park  Commissioners.  Jurisdiction  of. 

Section  1.  The  lands  designated  upon  the  Map  of  the  Outside 
Lands  of  the  City  and  County,  made  pursuant  to  Order  No.  800, 
by  the  word  “Park,”  extending  from  Stanyan  street  to  the  Pa¬ 
cific  Ocean,  and  known  as  Golden  Gate  Park ;  also  the  land  front¬ 
ing  on  Haight  street,  designated  on  said  map  by  the  word  “Park,” 
and  known  as  Buena  Vista  Park;  also  the  lands  designated  on 
said  Map  by  the  word  “Avenue,”  extending  from  Baker  street 
westward  until  it  crosses  Stanyan  street;  also  that  certain  high¬ 
way  bounded  on  the  west  by  the  Pacific  Ocean,  and  designated 
upon  said  map  as  “Great  Highway”;  also  Mountain  Lake  Park; 
also  Seal  Rocks,  as  ceded  to  the  City  and  County  of  San  Fran¬ 
cisco  by  act  of  Congress;  and  all  the  other  parks  and  squares  in 
the  City  and  County,  and  all  the  grounds  surrounding  public 
buildings  in  the  City  and  County,  and  all  parks  and  squares  and 
public  pleasure  grounds  hereafter  acquired  by  the  City  and  Coun¬ 
ty,  shall  be  under  the  exclusive  management  of  a  Board  of  Com¬ 
missioners  who  shall  be  known  and  designated  as  Park  Commis¬ 
sioners,  except  that  children’s  playgrounds  and  recreation  cen¬ 
ters  outside  of  Golden  Gate  Park  shall,  to  the  extent  of  their  use 
as  such  playgrounds  and  recreation  centers,  be  under  the  exclu¬ 
sive  management  and  control  of  the  Playground  Commissioners. 
— As  amended  November  5,  1907,  approved  by  the  Legislature 
November  23,  1907  ( Statutes  Special  Session,  1907,  page  56). 
Successors  in  Office. 

Sec.  2.  The  Commissioners  shall  be  successors  in  office  of  the 
Park  Commissioners  holding  office  in  the  City  and  County  at  the 
time  this  Charter  shall  go  into  effect  by  virtue  of  appointment 
under  any  statute  of  this  State. 

Five  Commissioners.  Appointed  by  Mayor.  Term. 

Sec.  3.  The  Cormnissioners  shall  be  five  in  number,  one  of 
whom  must  be  an  artist.  They  shall  be  appointed  by  the  Mayor 
for  a  term  of  four  years  and  shall  receive  no  compensation  for 
their  services.  They  shall  so  classify  themselves  by  lot  that  one 
of  them  shall  go  out  of  office  at  the  end  of  one  year,  one  at  the 
end  of  two  years,  one  at  the  end  of  three  years,  and  two  at  the 
end  of  four  years. 

Commissioners.  Organization.  President.  Secretary.  Duties.  Contracts. 

Sec.  4.  The  Commissioners  shall  organize  by  electing  one  of 
their  number  President,  and  Ihey  may  elect  a  Secretary  who  is 
not  a  member  of  the  Board.  The  Board  shall  establish  rules  and 
regulations  for  its  government  and  for  the  performance  of  its 
duties,  and  for  the  conduct  of  its  officers  and  employes,  and  shall 
require  adequate  bonds  from  all  of  them,  except  laborers,  for  the 


154  Charter  of  the  City  and  County  of  San  Francisco 

faithful  performance  of  their  duties  in  such  sums  as  may  be  fixed 
by  it.  Such  bonds  shall  be  approved  by  the  Mayor  and  filed  in 
the  office  of  the  Auditor.  The  person  elected  President  shall  hold 
his  office  for  one  year,  or  until  his  successor  is  elected.  The  Board 
must  hold  regular  meetings  at  least  once  in  two  weeks,  and  as 
many  special  meetings  as  it  may  deem  proper. 

Three  of  the  Commissioners  shall  constitute  a  quorum  for  the 
transaction  of  business.  No  contract  shall  be  entered  into  author¬ 
izing  the  expenditure  of  money  without  the  approval  of  four  of 
the  Commissioners.  Every  contract  exceeding  five  hundred  dol¬ 
lars  in  amount  shall  be  open  to  public  competition,  unless  the 
Board  shall  determine  in  any  given  case  to  have  the  work  done 
by  day’s  labor.  All  the  provisions  of  the  Article  in  this  Charter 
on  the  Department  of  Public  Works  relating  to  contracts  shall 

be  applicable  to  all  contract  work  ordered  by  the  Commissioners. 
*> 

Park  Ordinances. 

Sec.  5.  The  Commissioners  may  adopt  ordinances  for  the  regu¬ 
lation.  use  and  government  of  the  aforesaid  parks,  squares, 
avenues  and  grounds  not  inconsistent  with  the  laws  of  the  State 
of  California  or  with  this  Charter.  Such  ordinances  shall,  within 
five  days  after  their  passage,  be  published  for  ten  days,  Sundays 
excepted,  in  the  official  newspaper.  Any  person  violating  any  of 
such  ordinances  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  be  punished  therefor,  on  conviction,  in  any  court  of  com¬ 
petent  jurisdiction.  None  of  such  ordinances  shall  be  valid  unless 
it  receives  the  vote  of  four  members  of  the  Board.  No  ordinance 
shall  be  passed  at  the  same  meeting  at  which  it  is  introduced,  or 
at  any  other  than  a  regular  meeting.  Such  ordinances  shall  take 
effect  in  not  less  than  ten  days  after  their  adoption. 

Commissioners  to  Have  Pull  Control  of  Parks  and  Squares. 

Sec.  6.  The  Commissioners  shall  have  the  complete  and  ex¬ 
clusive  control,  management  and  direction  of  the  aforesaid  parks, 
squares,  avenues  and  grounds,  and  the  exclusive  right  to  erect, 
and  to  superintend  the  erection  of,  buildings  and  structures  there¬ 
on  ;  and  to  that  end  may  employ  and  appoint  superintendents, 
laborers,  surveyors,  engineers,  and  other  officers  and  assistants, 
and.  prescribe  and  fix  their  duties,  authority  and  compensation. 
They  shall  have  the  exclusive  management  and  disbursement  of 
all  funds  legally  appropriated  or  received  from  any  source  for 
the  support  of  said  parks,  squares,  avenues  and  grounds. 

The  Board  may  accept  from  donors  suitable  articles  for  the 
Museum  and  Art  Gallery  situate  in  the  aforesaid  Golden  Gate 
Park  and  shall  manage  and  control  said  Museum  and  Art  Gallery. 

Except  as  provided  in  section  nine  of  this  Chapter,  nothing  in 
this  section  shall  be  so  construed  as  to  authorize  the  Commis¬ 
sioners  to  lease  any  part  of  any  of  said  parks,  squares,  avenues 
and  grounds  to  any  person,  company  or  corporation  for  any  pur- 


Article  XIV,  Park  Commissioners 


155 


pose;  or  to  permit  any  person,  company  or  corporation  to  build 
or  maintain  any  structure  on  any  part  of  said  parks,  squares, 
avenues  or  grounds:  but  this  shall  not  inhibit  the  Board  from 
leasing,  for  a  period  not  greater  than  one  year,  such  buildings  as 
may  be  constructed  by  itself  for  the  use  of  the  public  to  such  per¬ 
son,  company  or  corporation  who  shall  undertake  to  serve  such 
use;  and  in  every  such  lease  the  Board  shall  reserve  the  right  to 
enter  at  all  times  into  and  upon  the  premises  so  leased,  and  shall 
make  the  condition  that  the  buildings  so  leased  shall  be  used  for 
park-pleasure  purposes  only.  No  such  building  shall  be  con¬ 
structed  by  the  Board  except  it  be  within  the  objects  and  pur¬ 
poses  for  which  said  parks,  squares,  avenues  and  grounds  were 
dedicated  to  the  public. 

Nothing,  however,  in  this  section  contained  shall  inhibit  the 
Board  from  permitting  the  use  of  a  limited  portion  of  any  one  of 
the  aforesaid  parks  or  squares  for  the  purpose  of  conducting 
thereon  a  Fair  or  Fjxposition,  under  such  conditions  and  restric¬ 
tions  as  may  be  necessary  to  conserve  the  integrity  of  said  parks 
and  squares,  and  for  a  period  not  greater  than  six  months,  and 
so  as  not  to  interfere  with  the  use  of  any  of  the  same  by  the  pub¬ 
lic  for  park-pleasure  purposes:  but  no  such  permission  shall  ever 
be  granted  except  such  Fair  or  Exposition  be  of  National,  State 
or  Municipal  importance.  None  of  the  moneys  in,  or  appropriated 
to,  the  Park  Fund  shall  be  used  for  the  purposes  of  any  such  Fair 
or  Exposition. 

Park  Police. 

Sec.  7.  The  Chief  of  Police  shall,  on  the  request  of  the  Com¬ 
missioners,  detail  such  members  of  the  Police  Force  of  the  City 
and  County  for  service  in  said  parks,  squares,  avenues  and 
grounds  as  may  be  necessary  for  the  enforcement  of  the  law  and 
for  the  proper  observance  oJ:  the  ordinances  of  the  Commission¬ 
ers;  and  the  Commissioners  may  provide  a  place  of  detention 
within  either  of  said  public  places,  in  which  the  persons  arrested 
for  violating  any  of  the  ordinances  of  the  Board  may  be  detained 
temporarily. 

Donations,  Legacies  and  Bequests. 

Sec.  8.  The  Board  may  receive  donations  from  persons  and 
corporations  and  legacies  and  bequests  for  the  improvement  of 
said  parks,  squares,  avenues  and  grounds.  All  moneys  that  may 
be  derived  from  such  donations,  legacies  and  bequests  shall,  un¬ 
less  otherwise  provided  by  the  terms  of  such  gift,  legacy  or  be¬ 
quest,  be  deposited  in  the  treasury  of  the  City  and  County  to  the 
credit  of  the  Park  Fund.  The  same  may  be  withdrawn  therefrom 
and  paid  out  in  the  same  manner  as  is  provided  for  the  payment 
of  moneys  legally  appropriated  for  the  support  and  improve¬ 
ment  of  such  parks,  squares,  avenues  and  grounds.  If  the  moneys 
derived  from  such  gifts,  bequests  or  legacies  shall  at  any  time 


156  Charter  of  the  City  and  County  of  San  Francisco 

exceed  in  amount  the  sum  necessary  for  immediate  expenditures 
on  said  parks,  squares,  avenues  and  grounds,  the  Board  shall  in¬ 
vest  all  or  a  part  of  the  same  in  interest-bearing  bonds  of  the 
United  States,  or  of  the  State  of  California  or  of  any  municipality 
thereof. 

State  Exposition  Building. 

Sec.  9.  The  Board  may  lease  to  the  State  of  California,  on 
such  terms  as  it  may  deem  proper,  a  plot  of  ground  in  Golden 
Gate  Park  not  more  than  seven  hundred  feet  square,  on  which 
said  State  may  erect  and  maintain  an  exposition  building,  in 
which  may  be  exhibited  the  products  of  the  several  counties  of 
the  State  and  in  which  the  collection  made  by  the  State  Mining 
Bureau  may  be  maintained  and  exhibited;  but  said  lease  shall 
be  upon  the  express  condition  that  no  fee  shall  ever  be  charged 
for  admission  to  said  building. 

Works  of  Art  Must  Be  Approved  by  Commissioners.  Commissioners  to  Pass 
Upon  Public  Structures.  Monuments. 

Sec.  10.  Hereafter  no  work  of  art  shall  become  the  property 
of  the  City  and  County  by  purchase,  gift  or  otherwise,  unless 
such  work  of  art  or  design  of  the  same,  together  with  a  statement 
of  the  proposed  location  of  such  work  of  art,  shall  first  have  been 
submitted  to  and  approved  by  the  Commissioners ;  nor  shall  such 
work  of  art,  until  so  approved,  be  erected  or  placed  in  or  upon 
or  allowed  to  extend  over  or  upon,  any  street,  avenue,  square, 
park,  municipal  building  or  other  public  place  belonging  to  the 
City  and  County.  The  Board  may  require  a  complete  model  of  the 
proposed  work  of  art  to  be  submitted.  The  term  “work  of  art” 
as  used  in  this  section  shall  apply  to  and  include  all  paintings, 
mural  decorations,  stained  glass,  statues,  bas-reliefs  or  other  sculp¬ 
tures,  monuments,  fountains,  arches  or  other  structures  of  a  per¬ 
manent  character,  intended  for  ornament  or  commemoration.  No 
existing  work  of  art  in  the  possession  of  -  the  City  and  County 
shall  be  removed,  relocated  or  altered  in  any  way  without  the 
similar  approval  of  the  Board.  When  so  requested  by  the  Mayor, 
or  the  Supervisors,  or  the  Board  of  Public  Works,  or  the  Board 
of  Education,  the  Board  of  Park  Commissioners  shall  act  in  a 
similar  capacity,  with  similar  powers,  in  respect  of  the  designs 
of  municipal  buildings,  bridges,  approaches,  gates,  fences,  lamps 
or  other  structures  erected  or  to  be  erected  upon  land  belonging 
to  the  City  and  County,  and  in  respect  of  the  lines,  grades  and 
plotting  of  public  ways  and  grounds,  and  in  respect  of  arches, 
bridges,  structures  and  approaches  which  are  the  property  of  any 
corporation  or  private  individual  and  which  shall  extend  over  or 
upon  any  street,  avenue,  highway,  park  or  public  place  belonging 
to  the  City  and  County.  This  section  shall  not  be  so  construed 
as  to  impair  the  power  of  the  Park  Commissioners  to  refuse  their 
consent  to  the  erection  or  acceptance  of  public  monuments  or 


Article  XIV-A  Playground  Commissioners 


157 


memorials  or  other  works  of  art  of  any  sort  within  any  park, 
square  or  public  place  in  the  City  and  County. 

Tax  for  Park  Purposes.  Limits. 

Sec.  11.  The  Supervisors  shall  provide  all  necessary  money 
for  the  maintenance,  preservation  and  improvement  of  said  parks, 
squares,  avenues  and  grounds,  and  to  that  end  shall  annually  levy 
a  tax  on  all  property  in  the  City  and  County  not  exempt  from 
taxation,  which  shall  not  be  less  than  five  cents  nor  more  than 
seven  cents  upon  each  one  hundred  dollars  assessed  valuation  of 
said  property. 


ARTICLE  XIV-A. 

PLAYGROUND  COMMISSIONERS. 

Children’s  Playgrounds,  Management  of 

Section  1.  All  children’s  playgrounds  now  owned  by  the  City 
and  County,  and  all  children’s  playgrounds  that  shall  hereafter 
be  acquired  by  the  City  and  County,  and  all  public  recreation 
centers,  other  than  those  located  in  Golden  Gate  Park,  shall  be 
under  the  management  and  control  of  a  Board  of  Commissioners, 
which  shall  consist  of  men  and  women,  and  shall  be  known  and 
designated  as  the  Playground  Commissioners.  No  person  shall 
be  appointed  such  Commissioner  who  shall  not  be  at  the  time  of 
his  or  her  appointment  a  resident  of  the  City  and  County,  and 
who  shall  not  have  been  such  at  least  five  years  prior  thereto. 
Commissioners. 

Sec.  2.  The  Commissioners  shall  be  seven  in  number,  five  of 
whom  shall  be  appointed  by  the  Mayor  for  the  term  of  four  years. 
Three  of  the  members  appointed  by  the  Mayor  shall  be  men  and 
two  of  them  shall  be  women.  The  President  of  the  Board  of  Edu¬ 
cation  shall  be  ex-officio  the  sixth  member  of  the  Commission,  and 
either  the  President  of  the  Park  Commissioners  or  the  Superin¬ 
tendent  of  Golden  Gate  Park,  as  the  Park  Commissioners  in 
writing  may  appoint,  shall  be  ex-officio  the  seventh  member.  The 
Park  Commissioners  may  at  any  time,  by  resolution  served  upon 
the  Playground  Commissioners,  change  their  ex-officio  member  of 
said  Commission,  'provided  that  such  ex-officio  member  be  always 
either  their  President  or  said  Superintendent.  None  of  said  Com¬ 
missioners  shall  receive  any  compensation  for  his  or  her  services. 
Organization.  Rules. 

Sec.  3.  The  Commissioners  shall  organize  by  electing  one  of 
their  number  President,  who  shall  hold  office  for  one  year  or  until 
his  or  her  successor  is  elected,  and  they  may  elect  a  Secretar}^ 
who  is  not  a  member  of  the  Board. 

A  majority  of  the  members  shall  constitute  a  quorum  for  the 
transaction  of  business.  The  Board  shall  hold  regular  meetings 


158  Charter  of  the  City  and  County  of  San  Francisco 

at  least  once  in  two  weeks,  and  as  many  special  meetings  as  it 
may  deem  proper. 

The  Board  shall  establish  rules  and  regulations  for  its  govern¬ 
ment  and  for  the  performance  of  its  duties,  and  for  the  conduct 
of  its  officers  and  employes,  and  shall  require  adequate  bonds 
from  all  its  officers  and  employes,  except  laborers,  for  the  faithful 
performance  of  their  duties,  and  in  such  sums  as  may  be  fixed  by 
it,  such  bonds  shall  be  approved  by  the  Mayor  and  filed  in  the 
office  of  the  Auditor. 

Sec.  4.  The  Commissioners  shall  adopt  rules  and  regulations 
for  the  government  of  the  aforesaid  playgrounds  not  inconsistent 
with  the  ordinances  of  the  City  and  County  of  San  Francisco,  the 
laws  of  the  State  of  California  or  with  this  Charter. 

Powers  of  Commissioners. 

Sec.  5.  The  Commissioners  shall  have  complete  and  exclusive 
control,  management  and  direction  of  the  aforesaid  plaj^grounds 
and  recreation  centers,  and  the  exclusive  right  to  erect  and  to 
superintend  the  erection  of  buildings  and  structures  thereon,  and 
to  that  end  they  may  employ  superintendents,  surveyors,  engi¬ 
neers,  laborers  and  other  employes  and  assistants  and  prescribe 
and  fix  their  duties,  authority  and  compensation.  They  shall 
have  the  exclusive  management  and  disbursement  of  all  funds 
legally  appropriated  or  received  from  any  source  for  the  support 
and  equipment  of  the  aforesaid  playgrounds  and  recreation  cen¬ 
ters,  provided,  that  such  management  of  any  real  or  personal 
property  or  moneys  acquired  by  loan,  gift,  devise  or  bequest,  is 
not  inconsistent  with  the  terms  and  conditions  of  the  loan,  gift, 
devise,  or  bequest.  The  Commissioners  may  purchase  in  the  name 
of  the  City  and  County  of  San  Francisco  lands  to  be  used  as  chil¬ 
dren’s  playgrounds  and  recreation  centers,  with  any  moneys 
legally  appropriated  for  such  purpose  or  acquired  by  gift,  legacy 
or  bequest  for  such  purpose. 

May  Receive  Donations. 

Sec.  6.  The  Board  may  receive  donations  from  persons  and 
corporations,  and  legacies  and  bequests  for  the  purchase,  improve¬ 
ment  and  equipment  of  playgrounds  and  recreation  centers.  All 
moneys  that  may  be  derived  from  such  donations,  legacies  and 
bequests  shall,  unless  otherwise  provided  by  the  terms  of  such 
gift,  donation,  legacy  or  bequest,  be  deposited  in  the  treasury  of 
the  City  and  County  to  the  account  of  the  Playground  Fund  of 
the  General  Fund.  The  same  may  be  withdrawn  therefrom  and 
paid  out  in  the  same  manner  as  is  provided  for  the  payment  of 
moneys  legally  appropriated  for  the  support  and  improvement 
of  such  playgrounds  and  recreation  centers.  If  such  moneys  shall 
at  any  time  exceed  in  amount  the  sum  necessary  for  immediate 
expenditure  on  said  playgrounds  or  recreation  centers  the  Board 
may  invest  all  or  part  of  the  same  in  interest-bearing  bonds  of 


Article  XlV-A  Playground  Commissioners 


159 


the  United  States,  of  the  State  of  California  or  of  any  munici¬ 
pality  therein. 

Police  Detail. 

Sec.  7.  The  Chief  of  Police  shall  on  request  of  the  Commis¬ 
sioners  detail  such  members  of  the  Police  Force  of  the  City  and 
County  for  service  in  said  playgrounds  and  recreation  centers  as 
may  be  necessary  for  the  enforcement  of  the  law  and  the  city 
ordinances  and  the  proper  observance  of  the  rules  and  regulations 
of  the  Commissioners. 

Supervisors  May  Set  Aside  Other  Lands. 

Sec.  8.  The  Supervisors  shall  have  the  power  to  set  apart 
either  absolutely  or  for  a  definite  period  of  time,  any  land  not 
improved  with  any  public  buildings  belonging  to  the  City  and 
County  other  than  land  under  the  exclusive  control  and  man¬ 
agement  of  the  Park  Commissioners,  and  land  acquired  by  the 
issue  of  bonds  for  other  specific  purpose,  for  use  as  children’s 
playgrounds  and  recreation  centers,  and  the  same  shall,  when  so 
set  apart  for  such  use.  be  under  the  exclusive  control  and  man¬ 
agement  of  the  Playground  Commissioners. 

Park  Commissioners  May  Set  Apart  Other  Parks. 

Sec.  9.  The  Park  Commissioners  shall  have  power  to  set  apart 
either  absolutely  or  for  a  definite  period  of  time  such  parks  and 
squares  or  portions  thereof  as  they  may  see  proper,  other  than 
Golden  Gate  Park  and  the  Mission  Park,  for  use  as  children’s 
playgrounds  and  recreation  centers,  and  the  same  shall,  when  so 
set  apart  for  such  use,  be,  to  the  extent  of  that  use,  under  the 
exclusive  control  and  management  of  the  Playground  Commis¬ 
sioners. 

Appropriation  for  Support. 

Sec.  10.  The  Supervisors  shall,  for  the  purchase,  develop¬ 
ment,  equipment  and  maintenance  of  the  aforesaid  playgrounds 
and  recreation  centers,  annually  appropriate  to  the  Playground 
Commissioners  at  the  time  of  making  the  Budget  such  amount 
as  may  in  their  judgment  be  necessary  or  proper,  and  the  funds 
so  appropriated  shall  be  credited  to  the  Playground  Fund  of  the 
General  Fund,  and  the  Playground  Commissioners  shall  have  the 
exclusive  management  and  disbursement  of  the  same. 

The  Secretary  shall  keep  a  full  account  of  all,  property,  money, 
receipts  and  expenditures  and  a  record  of  all  proceedings  of  the 
Commissioners.  The  votes  of  all  its  members  shall  be  recorded 
in  the  minutes  with  the  ayes  and  noes. 

Article  XIV -A  added  as  an  amendment  November  5,  1907,  ap¬ 
proved  by  the  Legislature  November  23,  1907  ( Statutes  Special 
Session  1907,  page  56). 


160  Charter  of  the  City  and  County  of  San  Francisco 

ARTICLE  XV. 

BONDS  OF  OFFICIALS.  i 

Officers  to  Give  Bonds.  Approval  by  Mayor  and  Auditor. 

Section  1.  Officers  of  the  City  and  County,  before  entering 
upon  the  discharge  of  their  official  duties,  shall  respectively  give 
and  execute  to  the  City  and  County  such  official  bonds  as  may 
be  required  by  law,  ordinance,  or  this  Charter.  When  the  amount 
of  any  bond  is  not  fixed  by  law  or  by  this  Charter,  it  shall  be  fixed 
by  an  ordinance  of  the  Supervisors.  All  bonds,  excepting  those 
of  the  Mayor  and  Auditor,  must  be  approved  by  the  Mayor  and 
Auditor ;  the  bond  of  the  Mayor  must  be  approved  by  the  Auditor, 
and  the  bond  of  the  Auditor  must  be  approved  by  the  Mayor.  The 
approval  of:  every  official  bond  must  be  indorsed  thereon,  and 
signed  by  the  officers  approvmg  the  same,  after  examination  of 
the  sureties,  as  hereinafter  provided.  Upon  the  approval  of  a 
bond  it  must  be  recorded,  at  the  expense  of  the  party  giving  the 
bond,  in  the  office  of  the  Recorder,  in  a  book  kept  for  that  pur¬ 
pose,  entitled  Record  of  Official  Bonds.  The  bond  of  the  Auditor 
shall  be  filed  and  kept  in  the  office  of  the  County  Clerk.  The 
bonds  of  all  other  officers  shall  be  filed  and  kept  in  the  office  of 
the  Auditor. 

Bonds  of  City  and  County  Officers.  Fremium  for  Bonds. 

Sec.  2.  The  following  officers  shall  respectively  execute  official 
bonds  to  the  City  and  County,  with  sureties,  in  the  following 
sums : 

Mayor,  twenty-five  thousand  dollars;  Auditor,  fifty  thousand 
dollars;  Treasurer,  two  hundred  thousand  dollars;  Tax  Collector, 
one  hundred  thousand  dollars;  Assessor,  fifty  thousand  dollars; 
County  Clerk,  fifty  thousand  dollars;  Recorder,  ten  thousand 
dollars;  Sheriff,  fifty  thousand  dollars;  Coroner,  ten  thousand 
dollars;  City  Attorney,  ten  thousand  dollars;  District  Attorney, 
ten  thousand  dollars;  Public  Administrator,  fifty  thousand  dol¬ 
lars;  Superintendent  of  Public  Schools,  five  thousand  dollars; 
each  Commissioner  of  Public  Works,  twenty-five  thousand  dol¬ 
lars  ;  Clerk  of  the  Supervisors,  ten  thousand  dollars ;  each  Super¬ 
visor,  five  thousand  dollars;  each  School  Director,  five  thousand 
dollars:  each  Fire  Commissioner,  ten  thousand  dollars;  each  Po¬ 
lice  Commissioner,  five  thousand  dollars;  each  Election  Commis¬ 
sioner.  ten  thousand  dollars,  Property  Clerk  of  Police  Depart¬ 
ment,  ten  thousand  dollars;  the  Warrant  and  Bond  Clerk,  ten 
thousand  dollars. 

In  all  cases  of  elective  officers,  officers  appointed  by  the  Mayor, 
and  officers  whose  bonds  are  fixed  by  the  Charter,  the  premium 
or  charge  for  such  bonds  shall  be  paid  by  the  City  and  County; 
provided ,  however,  that  no  premium  or  charge  shall  exceed  one- 
half  of  one  per  cent  per  annum  on  the  amount  of  such  bond. 


Article  XV,  Bonds  of  Officials 


161 


— As  amended  November  5,  1907,  approved  by  the  Legislature 
November  23,  1907  ( Statutes  Special  Session ,  1907,  page  37). 
Bonds  Must  Contain  Certain  Conditions,  Sureties. 

Sec.  3.  City  and  County  officers  shall  not  be  accepted  as  sur¬ 
ety  for  each  other  on  official  b.onds.  Every  bond  shall  contain  a 
condition  that  the  principal  will  faithfully  perform  all  official 
duties  then,  or  that  may  thereafter  be,  imposed  upon  or  required 
of  him  by  law,  ordinance,  or  this  Charter,  and  that  at  the  expira¬ 
tion  of  his  term  of  office  he  will  surrender  to  his  successor  all 
property,  books,  papers,  and  documents  that  may  come  into  his 
possession  as  such  officer.  Such  bond  must  also  be  executed  by 
two  or  more  sureties  who  shall  each  justify  in  the  amount  re¬ 
quired  for  said  bond ;  but  when  the  amount  of  the  bond  is  more 
than  five  thousand  dollars,  the  sureties  may  become  severally 
liable  for  portions  of  not  less  than  twenty-five  hundred  dollars. 
When  there  are  more  than  two  sureties,  such  sureties  may  justify 
in  an  amount  which  in  the  aggregate  shall  equal  double  the 
amount  of  said  bond. 

Qualifications  of  Sureties. 

Sec.  4.  Every  surety  upon  an  official  bond,  other  than  lawfully 
authorized  surety  companies,  must  make  an  affidavit,  which  shall 
be  endorsed  upon  such  bond,  that  he  is  a  resident  and  freeholder 
in  the  City  and  County,  and  worth  in  property  situated  in  the 
City  and  County,  exclusive  of  incumbrances  thereon,  double  the 
amount  of  his  undertaking  over  and  above  all  sums  for  which 
he  is  already  liable  or  in  any  manner  bound,  whether  as  principal, 
indorser  or  surety,  and  whether  such  prior  obligation  or  liability 
be  conditional  or  absolute,  liquidated  or  unliquidated,  due  or  to 
become  due.  All  persons  offered  as  sureties  on  official  bonds  may 
be  examined  on  oath  as  to  their  qualifications  by  the  officers 
whose  duty  it  is  to  approve  the  bond. 

Additional  Bond. 

Sec.  5.  When  under  any  of  the  provisions  of  this  Charter,  or 
of  any  ordinance,  an  official  bond  shall  be  required  from  an  officer, 
the  Supervisors  may,  by  resolution,  require  an  additional  bond, 
whenever,  in  the  opinion  of  such  board,  such  bond  or  any  surety 
thereto  becomes  insufficient;  and  such  additional  bond  shall  also 
be  required  when  a  surety  to  a  bond  shall  die  or  cease  to  be  a 
resident  of  the  City  and  County. 

Liability. 

Sec.  6.  Every  officer  shall  be  liable  on  his  official  bond  for  the 
acts  and  omissions  of  his  deputies,  assistants,  clerks,  and  employes, 
appointed  by  him,  and  of  any  and  each  of  them,  and  every  official 
bond  shall  contain  such  a  condition. 

Eonds  of  Deputies  and  Employes. 

Sec.  7.  Every  board,  department  or  officer  may  require  of 
their  deputies,  clerks  or  employes  bonds  of  indemnity  with  suf¬ 
ficient  sureties  for  the  faithful  performance  of  their  duties. 


162  Charter  of  the  City  and  County  of  San  Francisco 

ARTICLE  XYI. 

MISCELLANEOUS. 

“City  and  County”  Defined. 

Section  1.  The  words  “City  and  County”  whenever  they  oc¬ 
cur  in  this  Charter  mean  the  City  and  County  of  San  Francisco ; 
and  every  department,  board  and  officer,  wherever  either  one  of 
them  is  mentioned  in  this  Charter,  means  a  department,  board  or 
officer,  as  the  case  may  be,  of  the  City  and  County  of  San  Fran¬ 
cisco. 

Qualifications  of  All  Deputies  and  Employes. 

Sec.  2.  All  deputies,  clerks,  assistants  and  other  employes  of 
the  City  and  County  must  be  citizens  of  the  United  States,  and 
must,  during  their  respective  terms  of  office  or  employment, 
actually  reside  in  the  City  and  County,  and  must  have  so  resided 
for  one  year  next  preceding  their  appointment. 

No  Absence  from  the  State. 

Sec.  3.  No  officer  of  the  City  and  County,  except  members  of 
the  Police  Department  acting  under  orders  of  the  Chief  thereof, 
shall  absent  himself  from  the  State ;  but  he  may,  once  only  during 
his  term  of  office,  so  absent  himself  for  a  period  of  not  more  than 
sixty  days  upon  the  written  permission  of  the  Mayor  so  to  do. 
Violation  of  this  section  shall  be  sufficient  cause  for  the  removal 
of  any  officer  violating  the  same. 

No  One  Shall  Hold  Two  Salaried  Offices. 

Sec.  4.  Any  person  holding  a  salaried  office  under  the  City 
and  County,  whether  by  election  or  appointment,  who  shall,  dur¬ 
ing  his  term  of  office,  hold  or  retain  any  other  salaried  office  under 
the  government  of  the  United  States,  or  of  this  State,  or  who 
shall  hold  any  other  salaried  office  connected  with  the  government 
of  the  City  and  County,  or  who  shall  become  a  member  of  the 
Legislature,  shall  be  deemed  to  have  thereby  vacated  the  office 
held  by  him  under  the  City  and  County. 

Limit  of  Subordinates  and  Supplies. 

Sec.  5.  No  department,  board  or  officer  shall,  under  any  cir¬ 
cumstances,  employ  more  subordinates  than  are  specifically  pro¬ 
vided  for  in  this  Charter  or  buy  supplies  beyond  the  sum  fur¬ 
nished  therefor  by  the  Supervisors. 

Shall  Not  Be  Interested  in  Contracts  or  Supplies  or  Property  of  the  City. 

Sec.  6.  No  Supervisor  and  no  officer  or  employe  of  the  City 
and  County,  shall  be  or  become,  directly  or  indirectly,  interested 
in,  or  in  the  performance  of,  any  contract,  work,  or  business,  or 
in  the  sale  of  any  article,  the  expense,  price  or  consideration  of 
which  is  payable  from  the  treasury ;  or  in  the  purchase  or  lease  of 
any  real  estate  or  other  property*  belonging  to,  or  taken  by,  the 
City  and  County,  or  which  shall  be  sold  for  taxes  or  assessments, 
or  by  virtue  of  legal  process  at  the  suit  of  the  City  and  County. 


Article  XVI,  Miscellaneous 


163 


If  any  person  in  this  section  designated  shall,  during  the  time  for 
which  he  was  elected  or  appointed,  acquire  an  interest  in  any 
contract  with,  or  work  done  for,  the  City  and  County,  or  any 
department  or  officer  thereof,  or  in  any  franchise,  right  or  privi¬ 
lege  granted  by  the  City  and  County,  unless  the  same  shall  be  de¬ 
volved  upon  him  by  law,  he  shall  forfeit  his  office,  and  be  forever 
after  debarred  and  disqualified  from  being  elected,  appointed  or 
employed  in  the  service  of  the  City  and  County;  and  all  such 
contracts  shall  be  void,  and  shall  not  be  enforceable  against  the 
City  and  County. 

Promises  or  Valuable  Consideration  Prohibited. 

Sec.  7.  No  officer  or  employe  of  the  City  and  County  shall 
give  or  promise  to  give  to  any  other  person,  any  portion  of  his 
compensation,  or  any  money,  or  valuable  thing,  in  consideration 
of  having  been,  or  of  being,  nominated,  appointed,  voted  for,  or 
elected  to,  any  office  or  employment;  and  if  any  such  promise 
or  gift  be  made,  the  person  making  such  gift  or  promise  shall  for¬ 
feit  his  office  and  employment,  and  be  forever  debarred  and  dis¬ 
qualified  from  being  elected,  appointed  or  employed  in  the  service 
of  the  City  and  County. 

Bribing  Prohibited. 

Sec.  8.  Any  officer  of  the  City  and  County  who  shall,  while 
in  office,  accept  any  donation  or  gratuity  in  money,  or  other  valu¬ 
able  thing,  either  directly  or  indirectly,  from  any  subordinate 
or  employe,  or  from  any  candidate  or  applicant  for  any  position 
as  employe  or  subordinate  under  him,  shall  forfeit  his  office,  and 
be  forever  debarred  and  disqualified  from  holding  any  position 
in  the  service  of  the  City  and  County. 

Annual  Reports. 

Sec.  9.  Every  department,  board  and  commission  provided 
for  in  this  Charter,  except  the  Supervisors,  shall  render  to  the 
Mayor  within  one  month  after  the  end  of  each  fiscal  year  a  full 
report  of  all  the  operations  of  such  department  or  board  or  com¬ 
mission  for  such  year. 

Vacancies  Defined. 

Sec.  10.  An  office  becomes  vacant  when  the  incumbent  thereof 
dies,  resigns,  is  adjudged  insane,  convicted  of  felony,  or  of  an 
offense  involving  a  violation  of  his  official  duties,  or  is  removed 
from  office,  or  ceases  to  be  a  resident  of  the  City  and  County,  or 
neglects  to  qualify  within  the  time  prescribed  by  law,  or  within 
twenty  days  after  his  election  or  appointment,  or  shall  have  been 
absent  from  the  State  without  leave  for  more  than  sixty  con¬ 
secutive  days. 

Liability  for  Illegal  Payments. 

Sec.  11.  Every  officer  who  shall  approve,  allow  or  pay  any 
demand  on  the  treasury  not  authorized  by  law,  ordinance  or  this 
Charter,  shall  be  liable  to  the  City  and  County  individually  and 


164  Charter  of  the  City  and  County  of  San  Francisco 

on  his  official  bond  for  the  amount  of  the  demand  so  illegally  ap¬ 
proved,  allowed  or  paid. 

Custody  of  Records. 

Sec.  12.  The  departments,  boards,  commissioners  and  officers 
provided  for  in  this  Charter  shall  be  entitled  to  the  possession  of 
all  papers,  books,  documents,  maps,  plats,  records  and  archives 
in  the  possession  or  under  the  control  of  those  respectively  who 
are  superceded  in  office  under  this  Charter  by  such  departments, 
boards,  commissioners  and  officers. 

Books  and  Records  Open  to  Inspection. 

Sec.  13.  All  books  and  records  of  every  office  and  department 
shall  be  open  to  the  inspection  of  any  citizen  at  any  time  during 
business  hours.  Certified  copies  or  extracts  from  said  books  and 
records  shall  be  given  by  the  officer  having  the  same  in  custody 
to  any  person  demanding  the  same,  and  pa}Ting  or  tendering  ten 
cents  a  folio  of  one  hundred  words  for  such  copies  or  extracts; 
but  the  records  of  the  Police  Department  shall  not  be  subject  to 
such  inspection  except  permission  be  given  by  the  Police  Com¬ 
missioners  or  by  the  Chief  of  Police. 

Office  Hours. 

Sec.  14.  The  Treasurer  shall  keep  his  office  open  for  business 
every  day,  except  legal  holidays,  from  nine  o’clock  in  the  fore¬ 
noon  until  four  o’clock  in  the  afternoon.  Except  where  other¬ 
wise  provided  for  by  law,  or  by  this  Charter,  all  other  public 
offices  shall  be  kept  open  for  business  every  day,  except  legal 
holidays,  from  half-past  eight  o’clock  in  the  forenoon  until  five 
o’clock  in  the  afternoon;  and,  in  addition  thereto,  from  the  first 
day  of  November  until  the  last  Monday  of  December  in  each  year 
the  office  of  the  Tax  Collector  shall  be  kept  open  until  nine  o’clock 
in  the  evening. 

Disqualifications. 

Sec.  15.  No  person  shall  be  eligible  to  or  hold  any  office,  or 
be  clerk  or  deputy  in  any  office  or  department,  who  has  been 
found  guilty  of  malfeasance  in  office,  bribery  or  other  infamous 
crime  or  who  in  any  capacity  has  embezzled  public  funds. 
Fiscal  Year. 

Sec.  16.  The  fiscal  year  mentioned  in  this  Charter  shall  com¬ 
mence  on  the  first  day  of  July  and  end  on  the  thirtieth  day  of 
June  following. 

All  Moneys  to  Be  Paid  to  Treasurer. 

Sec.  17.  All  moneys,  assessments  and  taxes  belonging  to  or 
collected  for  the  use  of  the  City  and  County,  coming  into  the 
hands  of  any  officer  of  the  City  and  County,  shall  immediately 
be  deposited  with  the  Treasurer  for  the  benefit  of  the  funds  to 
which  they  respectively  belong.  If  such  officer  for  twenty-four 
hours  after  receiving  the  same  shall  delay  or  neglect  to  make  such 
deposit,  he  shall  be  deemed  guilty  of  misconduct  in  office  and 
may  be  removed. 


Article  XVI,  Miscellaneous 


165 


Suspensions  and  Removals. 

Sec.  18.  Any  elected  officer,  except  Supervisor,  may  be  sus¬ 
pended  by  the  Mayor  and  removed  by  the  Supervisors  for  cause; 
and  any  appointed  officer  may  be  removed  by  the  Mayor  for 
cause.  The  Mayor  shall  appoint  some  person  to  discharge  the 
duties  of  the  office  during  the  period  of  such  suspension. 
Procedure  After  Suspension  of  Elected  Officer. 

Sec.  19.  When  the  Mayor  shall  suspend  any  elected  officer 
he  shall  immediately  notify  the  Supervisors  of  such  suspension 
and  the  cause  therefor.  If  the  Board  is  not  in  session,  he  shall 
immediately  call  a  session  of  the  same  in  such  manner  as  shall 
be  provided  by  ordinance.  The  Mayor  shall  present  written 
charges  against  such  suspended  officer  to  the  Board  and  furnish 
a  copy  of  the  same  to  said  officer,  who  shall  have  the  right  to 
appear  with  counsel  before  the  Board  in  his  defense.  If  by  an 
affirmative  vote  of  not  less  than  fourteen  members  of  the  Board 
of  Supervisors,  taken  by  ayes  and  noes  and  entered  on  its  record, 
the  action  of  the  Mayor  is  approved,  then  the  suspended  officer 
shall  thereby  be  removed  from  office;  but  if  the  action  of  the 
Mayor  is  not  so  approved  such  suspended  officer  shall  be  imme¬ 
diately  reinstated. 

Removal  of  Appointed  Officer  by  the  Mayor. 

Sec.  20.  When  the  Mayor  shall  remove  an  appointed  officer 
from  office,  he  shall  immediately  notify  the  Board  of  Supervisors 
of  such  removal,  and  furnish  it  a  statement  of  the  cause  therefor, 
which  statement  shall  be  entered  in  the  record  of  its  proceedings. 
Removal  of  Appointed  Deputies  or  Employes. 

Sec.  21.  Unless  otherwise  provided  by  law  or  by  this  Charter, 
any  officer,  board  or  department  authorized  to  appoint  any  dep¬ 
uty,  clerk,  assistant  or  employe,  shall  have  the  right  to  remove 
any  person  so  appointed. 

Appointments  to  Be  in  Writing  in  Duplicate. 

Sec.  22.  All  appointments  of  officers,  deputies  and  clerks  to  be 
made  under  any  provision  of  this  Charter  must  be  made  in  writ¬ 
ing  and  in  duplicate,  authenticated  by  the  person  or  persons, 
board  or  officer  making  the  same.  One  of  such  duplicates  must 
be  filed  with  the  Secretary  of  the  Civil  Service  Commission  and 
the  other  with  the  Auditor. 

Classification  by  Lot  to  Be  Recorded  and  Filed. 

Sec.  23.  Whenever  it  is  provided  in  this  Charter  that  the  mem¬ 
bers  of  any  board,  department  or  commission  shall  so  classify 
themselves  by  lot  that  their  terms  of  office  shall  expire  at  differ¬ 
ent  times,  such  members  shall,  on  the  day  of  making  such  classifi¬ 
cation,  cause  the  same  to  be  entered  in  the  records  of  their  pro¬ 
ceedings,  and  a  copy  thereof,  certified  by  the  Secretary  thereof 
and  signed  by  all  of  said  members,  shall  be  filed  with  the  Clerk 
of  the  Supervisors.  In  eve^  case  such  classification  must  be 
made  at  the  first  meeting  of  the  Board. 


166  Charter  of  the  City  and  County  of  San  Francisco 

Powers  of  Officers  and  Boards  to  Administer  Oaths,  Issue  Subpoenas  and 
Hear  Testimony. 

Sec.  24.  Every  officer  and  every  member  of  any  board  or  com¬ 
mittee  provided  for  in  this  Charter  shall  have  the  power  to  admin¬ 
ister  oaths  and  affirmations,  and  every  such  board,  officer  or  com¬ 
mittee  shall  have  power  to  issue  subpoenas,  to  compel  by  subpoena 
the  production  of  books,  papers  and  documents,  and  to  take  and 
hear  testimony  concerning  anty  matter  or  thing  pending  before 
any  such  board,  officer  or  committee.'  If  any  person  so  subpoenaed 
neglect  or  refuse  to  appear,  or  to  produce  any  book,  paper  or 
document,  as  required  by  such  subpoena,  or  shall  refuse  to  testify 
before  any  such  board,  officer  or  committee,  or  to  answer  any 
question  which  any  officer  or  a  majority  of  such  board  or  commit¬ 
tee  shall  decide  to  be  proper  or  pertinent,  he  shall  be  deemed  in 
contempt,  and  any  such  board,  officer  or  committee  shall  have 
power  to  take  the  proceedings  in  that  behalf  provided  by  the 
general  laws  of  this  State.  The  Chief  of  Police  must,  on  request 
of  such  officer  or  of  any  member  of  any  such  board  or  committee, 
detail  a  Police  Officer  or  Officers  to  serve  such  subpoenas. 

Official  Newspaper. 

Sec.  25.  All  publications  provided  for  in  this  Charter  must  be 
made  in  the  official  newspaper  only. 

Franchises  Not  in  Use  Forfeited. 

Sec.  26.  All  franchises  and  privileges  heretofore  granted  by  the 
City  and  County  which  are  not  in  actual  use  or  enjoyment,  or 
which  the  grantees  thereof  have  not  in  good  faith  commenced  to 
exercise,  are  hereby  declared  forfeited  and  of  no  validity,  unless 
said  grantees  or  their  assigns  shall,  within  six  months  after,  this 
Charter  takes  effect,  in  good  faith  commence  the  exercise  and  en¬ 
joyment  of  such  privilege  or  franchise. 

Ordinances  Repealed. 

Sec.  27.  All  ordinances  or  resolutions  for  the  improvement  of 
any  street  for  which  no  contract  shall  have  been  entered  into  at 
the  time  this  Charter  takes  effect  are  hereby  repealed. 

Ordinances  Continued. 

Sec.  28.  All  ordinances,  orders  and  resolutions  of  the  Super¬ 
visors  of  the  City  and  County  in  force  at  the  time  this  Charter 
takes  effect,  and  not  inconsistent  therewith,  shall  continue  in  force 
until  amended  or  repealed. 

Bonded  Indebtedness,  How  Incurred.  Disposition  of  Proceeds  of  Sale  of 
Bonds.  -M*i  Wlf| 

Sec.  29.  When  the  Supervisors  shall  determine  that  the  public 
interest  requires  the  acquisition  of  any  land  or  lands  or  the  con¬ 
struction  or  acquisition  of  any  permanent  building  or  buildings, 
improvement  or  improvements  the  cost  of  which,  in  addition  to  the 
other  expenses  of  the  City  and  County,  will  exceed  the  income 
and  revenue  proyided  for  the  City  and  County  for  any  one  year, 
they  must,  by  ordinance,  submit  a  proposition  or  propositions  to 


Article  XVI,  Miscellaneous 


167 


incur  a  bonded  indebtedness  i'or  sucli  purpose  or  purposes  to  the 
electors  of  the  City  and  County  at  a  special  election  to  be  held 
for  that  purpose  only.  All  provisions  of  this  Charter,  as  the  same 
shall  read  at  the  time  of  submitting  such  propositions  to  the  elec¬ 
tors,  providing  for  the  acquisition  of  public  utilities,  so  far  as  the 
same  are  applicable,  shall  apply  to  the  manner  of  submitting  such 
proposition  or  propositions,  to  the  issuance,  character  and  regis¬ 
tration  of  said  bonds  and  to  the  time  when,  and  the  kind  of  money 
in  which  said  bonded  indebtedness  shall  be  payable. 

The  proceeds  of  any  sale  of  bonds  shall  be  placed  in  the  treas¬ 
ury  to  the  credit  of  the  proper  fund  and  shall  be  applied  exclu¬ 
sively  to  the  purposes  and  objects  mentioned  in  the  ordinance 
authorizing  their  issuance  until  such  objects  are  fully  accom¬ 
plished,  after  which,  if  any  surplus  remains,  such  surplus  may  be 
transferred  to  the  general  fund,  except  that  if  such  fund  exceeds 
the  sum  of  two  thousand  dollars  then  sucii  surplus  and  the  whole 
thereof  shall  be  transferred  to  the  appropriate  fund  or  funds  to 
pay  the  interest  and  maintain  the  sinking  fund  or  provide  for  the 
retirement  of  the  bonded  indebtedness  in  connection  with  which 
such  surplus  remains. — As  amended  November  5,  1907,  approved 
by  the  Legislature  November  22,  1907  (Statutes  Special  Session, 
1907,  page  17). 

Duties  of  Subordinates. 

Sec.  30.  Every  assistant  deputy  or  other  subordinate  of  any 
board,  department  or  officer,  shall  discharge  any  of  the  duties  per- 
tainihg  to  such  department,  board  or  office  as  his  chief  may  as¬ 
sign  him  to. 

Ineligibility  to  Office. 

Sec.  31.  No  member  of  the  Board  of  Police  Commissioners  and 
no  member  of  the  Board  of  Eire  Commissioners  shall  be  eligible 
to  any  elective  office  while  he  is  a  member  of  such  Board,  or  for 
one  year  thereafter. 

Members  of  the  Police  or  Fire  Departments  Not  to  Participate  in  Politics  or 
Conventions. 

Sec.  32.  No  member  of  the  Board  of  Police  Commissioners  and 
no  member  of  the  Board  of  Fire  Commissioners,  and  no  officer, 
subordinate  or  employe  of  the  Police  Department  or  of  the  Fire 
Department,  shall  be  a  member  of  anj^  partisan  convention  the 
purpose  of  which  is  to  nominate  candidates  for  office ;  nor  shall 
either  of  them  directly  or  indirectly  electioneer,  by  soliciting 
votes  or  otherwise,  for  or  against  any  candidate  for  office  at  any 
election,  or  for  or  against  any  candidate  for  nomination  before 
any  political  convention,  or  for  or  against  any  candidate  for  dele¬ 
gate  to  such  convention  at  any  primary  election ;  nor  shall  either 
of  them  be  a  member  of  any  committee,  club,  or  organization,  the 
purpose  of  which  is  to  nominate  or  endorse  candidates  for  office 
at  any  election ;  nor  in  any  way  attempt  to  influence  or  control 
such  committee,  club  or  organization,  while  nominating  or  endors- 


168  Charter  of  the  City  and  County  of  San  Francisco 

ing  said  candidates;  nor  take  any  part  in  the  control, management 
or  distribution  of  the  political  patronage  of  any  public  officer; 
nor  shall  any  member  of  either  of  said  Boards,  or  any  officer, 
subordinate  or  employe  of  either  of  said  departments  directly 
or  indirectly  attempt  to  control  or  in  any  manner  influence  the 
action  of  any  officer,  subordinate  or  employe  of  either  of  said 
departments  at  any  general,  special  or  primary  election.  And  no 
officer,  subordinate  or  employe  of  either  of  said  departments 
shall  levy,  collect  or  pay  any  amount  of  money  as  an  assessment 
or  contribution  for  political  purposes.  Any  person  violating  any 
of  the  provisions  of  this  section  shall  be  removed  forthwith  from 
his  office  or  employment.  If  the  violation  be  by  a  member  of 
either  of  said  Boards  the  Mayor  must  remove  such  member;  and 
if  by  an  officer,  employe  or  subordinate  of  either  of  said  depart¬ 
ments,  then  the  Board  whose  officer,  employe  or  subordinate 
has  been  guilty  of  such  violation,  must  remove  such  officer,  em¬ 
ploye  or  subordinate;  and  if  such  Board  fail  or  refuse  to  make 
such  removal,  then  the  Mayor  must  remove  all  members  of  the 
Board  who  have  so  failed  or  refused. 

Overtime. 

Sec.  33.  No  deputy,  clerk  or  other  employe  of  the  City  and 
County  shall  be  paid  for  a  greater  time  than  that  covered  by  his 
actual  service. 

Salaries  Full  Compensation. 

Sec.  34.  The  salaries  provided  in  this  Charter  shall  be  in  full 
compensation  for  all  services  rendered,  and  every  officer  shall  pay 
all  moneys  coming  into  his  hands  as  such  officer,  no  matter  from 
what  source  derived  or  received,  into  the  treasury  of  the  City  and 
County  within  twenty-four  hours  after  receipt  of  the  same. 
Additional  Clerks  or  Employes. 

Sec.  35.  When  any  officer,  board  or  department  shall  require 
additional  deputies,  clerks  or  employes,  application  shall  be  made 
to  the  Mayor  therefor,  and  upon  such  application  the  Mayor  shall 
make  investigation  as  to  the  necessity  for  such  additional  as¬ 
sistance;  and  if  he  find  the  same  necessary  he  may  recommend 
to  the  Supervisors  to  authorize  the  appointment  of  such  additional 
deputies,  clerks  or  employes;  and  thereupon  the  Supervisors, 
by  an  affirmative  vote  of  not  less  than  fourteen  members,  may 
authorize  such  appointments  and  provide  for  the  compensation 
of  such  appointees,  subject  to  the  limitations  contained  in  this 
Charter,  and  subject  to  the  provisions  of  Article  XIII  thereof. 

First  Appointments  by  Mayor.  Beginning  and  Expiration  of  Terms  of  Office. 

Sec.  36.  At  any  time  between  the  first  day  of  December,  in  the 
year  one  thousand  eight  hundred  and  ninety-nine,  and  the  first 
day  of  January,  in  the  year  nineteen  hnudred,  the  person  who,  at 
the  election  held  under  this  Charter  in  the  month  of  November 
next  preceding,  has  been  elected  the  Mayor  of  the  City  and  County, 
shall  make  all  the  appointments  provided  by  this  Charter  to  be 


Article  XVI,  Miscellaneous 


169 


made  by  him,  and  all  the  persons  so  appointed  shall  thereupon 
qualify  as  in  this  Charter  provided,  and  shall  take  office  at  the 
hour  of  noon  on  the  first  Monday  after  the  first  day  of  January 
in  the  year  nineteen  hundred,  and  all  boards,  commissions  and 
officers  of  the  City  and  County  holding  by  appointment  under 
existing  laws  shall  hold  office  no  longer  than  said  last  aforesaid 
time. 

Balances  in  the  Several  Funds  to  Be  Transferred  to  Their  Successive  Funds 
Under  the  Charter. 

Sec.  37.  The  balance  remaining  in  the  School  Fund  at  the  time 
this  Charter  takes  effect  shall  forthwith  be  transferred  to  the 
Common  School  Fund  created  by  this  Charter.  The  balance  re¬ 
maining  in  the  Library  Fund  at  the  time  this  Charter  takes  effect 
shall  forthwith  be  transferred  to  the  Library  Fund  created  by 
this  Charter.  The  balance  remaining  in  the  Park  Improvement 
Fund  at  the  time  this  Charter  takes  effect  shall  forthwith  be  trans¬ 
ferred  to  the  Park  Fund  created  by  this  Charter.  The  balance 
remaining  in  the  Unapportioned  Fee  Fund  at  the  time  this  Char¬ 
ter  takes  effect  shall  forthwith  be  transferred  to  the  Unappor¬ 
tioned  Fee  Fund  created  by  this  Charter.  The  balance  remaining 
in  the  Police  Relief  and  Pension  Fund  at  the  time  this  Charter 
takes  effect  shall  forthwith  be  transferred  to  the  Police  Relief  and 
Pension  Fund  created  by  this  Charter.  The  balance  remaining  in 
the  Surplus  Fund  at  the  time  this  Charter  takes  effect  shall  forth¬ 
with  be  transferred  to  the  Surplus  Fund  created  by  this  Charter. 
The  balance  remaining  in  the  Special  Deposit  Fund  at  the  time 
this  Charter  takes  effect  shall  forthwith  be  transferred  to  the 
Special  Deposit  Fund  created  by  this  Charter.  The  balance  re¬ 
maining  in  the  General  Fund  at  the  time  this  Charter  takes  effect, 
the  balance  remaining  in  the  Street  Light  Fund  at  the  time  this 
Charter  takes  effect,  the  balance  remaining  in  the  Street  Depart¬ 
ment  Fund  at  the  time  this  Charter  takes  effect,  the  balance  re¬ 
maining  in  the  Police  Contingent  Fund  at  the  time  this  Charter 
takes  effect,  the  balance  remaining  in  the  Pound  Fee  Fund  at 
the  time  this  Charter  takes  effect,  and  the  balance  remaining  in 
the  Special  Fee  Fund  at  the  time  this  Charter  takes  effect,  shall 
each  and  every  of  them  be  forthwith  transferred  to  the  General 
Fund  created  by  this  Charter.  Out  of  the  said  General  Fund 
shall  be  paid,  as  in  this  section  hereinafter  provided,  all  the  ex¬ 
penses  of  the  various  departments  of  the  City  and  County,  except 
such  expenses  as  are  by  this  Charter  to  be  paid  out  of  the  Funds 
specifically  provided  for  the  payment  of  such  expenses.  For  the 
six  months  ending  on  the  thirtieth  day  of  June,  in  the  year  nine¬ 
teen  hundred,  each  and  every  of  said  departments  shall  expend 
the  moneys  set  apart  to  each  of  them  by  the  Board  of  Supervisors 
of  the  existing  municipality.  So  much  of  said  moneys  set  apart 
by  said  Board  of  Supervisors  to  the  Superintendent  of  Public 
Streets,  Highways  and  Squares  for  the  fiscal  year  ending  on  said 


17(1  Charter  of  the  City  and  County  of  San  Francisco 

thirtieth  day  of  June,  in  the  year  nineteen  hundred,  as  shall  re¬ 
main  unexpended  at  the  time  this  Charter  takes  effect,  shall  be 
expended  during  said  six  months  by  the  Board  of  Public  Works 
in  the  operations  of  the  department  committed  to  its  charge. 
All  the  expenses  of  the  City  and  County  which  are  not  to  be  paid 
out  of  specific  funds  shall  be  paid  during  said  six  months  out  of 
the  General  Fund.  Should  the  moneys  set  apart  by  the  Board 
of  Supervisors  of  the  existing  municipality  to  any  department  of 
the  City  and  County  become  or  be  exhausted  at  any  time  during 
said  six  months,  or  should  any  department  created  by  this  Char¬ 
ter  have  no  money  specifically  provided  for  it  during  said  six 
months,  then  in  each  such  case  the  expenses  thereof  shall  be  paid 
out  of  the  General  Fund,  notwithstanding  anything  contained  in 
sections  six  and  seven  of  Chapter  I  of  Article  III  of  this  Charter. 
Such  pensions  as  may  accrue  to  firemen  under  Article  IX  of  this 
Charter  during  said  six  months  shall  be  paid  out  of  the  General 
Fund.  The  existing  municipality  mentioned  in  this  section  is 
the  existing  municipality  of  the  City  and  County  of  San  Fran¬ 
cisco,  and  the  several  funds  which  are  to  be  transferred  as  in 
this  section  provided  are  funds  of  said  existing  municipality.  All 
the  funds  of  said  existing  municipality  not  mentioned  in  this  sec¬ 
tion,  and  which  are  authorized  by  law,  shall  be  continued  in  the 
treasury  until  the  necessity  for  their  continuance  ceases. 

Balances  of  Unnecessary  Funds. 

Sec.  38.  When  the  necessity  for  maintaining  any  Fund  of  the 
City  and  County  in  existence  at  the  time  this  Charter  takes  effect 
has  ceased  to  exist,  and  a  balance  remains  in  such  Fund,  •  the 
Supervisors  shall  so  declare  by  ordinance,  and  upon  such  declara¬ 
tion  such  balance  shall  be  forthwith  transferred  to  the  General 
Fund. 


171 


SCHEDULE. 

Publication  of  Charter,  and  Ratification  at  Special  Election. 

This  Charter  shall  be  published  for  twenty  days  in  The  San 
Francisco  Call  and  in  the  Daily  Report,  daily  newspapers  of 
general  circulation  in  the  City  and  County  of  San  Francisco,  and 
after  such  publication,  viz :  on  Thursday,  the  twenty-sixth  day  of 
May,  in  the  year  one  thousand  eight  hundred  and  ninety-eight,  it 
shall  be  submitted  to  the  qualified  electors  of  said  City  and  Coun¬ 
ty  of  San  Francisco,  at  a  special  election  which  shall  be  held  on 
that  day,  for  the  sole  purpose  of  voting  upon  the  adoption  of  the 
same;  and  if  a  majority  of  the  qualified  electors  of  said  City  and 
County  voting  at  said  election  shall  ratify  the  same  it  shall  be 
submitted  to  the  Legislature  of  the  State  of  California  for  its  ap¬ 
proval  or  rejection.  Tf  the  Legislature  shall  approve  the  same,  it 
shall  take  effect  and  be  in  force,  except  as  hereinafter  otherwise 
provided,  on  and  after  the  hoar  of  noon  on  the  first  Monday  after 
the  first  day  of  January,  in  the  year  nineteen  hundred,  and  shall 
thereupon  become  the  Charter  and  organic  law  of  the  City  and 
County  of  San  Francisco,  and  shall  supercede  the  existing  Char¬ 
ter  of  said  City  and  County,  and  all  amendments  thereof,  and  all 
laws  inconsistent  with  this  Charter. 

The  form  of  ballots  at  said  election  shall  be  as  follows : 

For  the  New  Charter,  YES. 

For  the  New  Charter,  NO. 

For  the  sole  purpose  of  the  election  of  the  officers  directed  in 
this  Charter  to  be  elected  by  the  people,  this  Charter  shall  take 
effect  on  and  after  its  approval  by  the  Legislature,  and  the  elec¬ 
tion  of  such  officers  shall  be  managed,  conducted  and  controlled 
by  the  Board  of  Election  Commissioners  in  and  for  said  City  and 
County  in  office  at  the  time  of  such  election. 

And  for  the  sole  other  purpose  of  the  Mayor  elected  under  this 
Charter  making  the  appointments  provided  in  this  Charter  to  be 
made  by  him,  and  of  the  qualification  of  the  persons  so  appointed, 
this  Charter  shall  take  effect  on  the  first  day  of  December,  in  the 
year  one  thousand  eight  hundred  and  ninety-nine. 

Be  It  Known,  That  the  City  and  County  of  San  Francisco,  con¬ 
taining  a  population  of  more  than  two  hundred  thousand  inhabit¬ 
ants,  on  the  twenty-seventh  day  of  December,  in  the  year  3ne  thou¬ 
sand  eight  hundred  and  ninety-seven,  and  under  and  in  accordance 
with  the  provisions  of  Section  8,  of  Article  XI,  of  the  Constitu¬ 
tion  Gf  this  State,  did  elect  the  undersigned  a  Board  of  Fifteen 
Freeholders,  to  prepare  and  propose  a  Charter  for  said  City  and 
County:  and  we,  the  members  of  said  Board,  in  pursuance  of 
such  provisions  of  the  Constitution,  and  within  a  period  of  ninety 
days  after  such  election,  have  prepared  and  do  propose  the  fore¬ 
going,  signed  in  duplicate,  as  and  for  the  Charter  for  said  City 
and  County  of  San  Francisco. 


172  Charter  of  the  City  and  County  of  San  Francisco 


In  Witness  Whereof,  we  have  hereunto  set  our  hands  in  dupli¬ 
cate,  this  twenty-fifth  day  of  March,  in  the  year  one  thousand 
eight  hundred  and  ninety-eight. 

JOSEPH  BRITTON,  President, 
JEROME  A.  ANDERSON. 

JAMES  BUTLER, 

H.  N.  CLEMENT, 

A.  COMTE,  Jr. 

ALFRED  CRIDGE, 

L.  R.  ELLERT, 

ISIDOR  GUTTE, 
p.  h.  McCarthy, 

JOHN  NIGHTINGALE,  Jr. 

JOHN  C.  NOBMANN, 

JOSEPH  O’CONNOR, 

LIPPMANN  SACHS, 

EDWARD  R.  TAYLOR, 

A.  W.  THOMPSON. 

Attest:  J.  RICH’D  FREUD,  Secretary. 


State  of  California, 

City  and  County  of  San  Francisco. 

This  is  to  certify  that  we,  James  D.  Phelan,  Mayor  of  the  City 
and  County  of  San  Francisco,  and  Thomas  J.  Glynn,  County  Re¬ 
corder  of  said  City  and  County,  have  compared  the  foregoing  pro¬ 
posed  and  ratified  Charter  with  the  duplicates  mentioned  therein, 
and  find  that  the  same  is  an  exact  copy  thereof;  and  we  further 
certify  that  the  facts  set  forth  in  the  preamble  preceding  said 
Charter  herein  are  true. 

Dated,  San  Francisco,  Cal.,  December  thirtieth,  eighteen  hun¬ 
dred  and  ninety-eight. 

JAMES  D.  PHELAN, 

Mayor  of  the  City  and  County  of  San  Francisco. 

THOS.  J.  GLYNN, 

County  Recorder  of  the  City  and  County  of  San  Francisco. 


INDEX 


A 

Section  or 
Subdivision  Page 

ABSENCE,  salary  not  to  bo  allowed  for .  33  168 

Sixty  days  from  the  State,  when  permitted .  3  162 

ACCOUNTS,  Auditor  the  custodian  of .  1  37 

Auditor  to  examine  and  settle .  10  32 

Investigation  of,  by  Supervisors .  3-4  14 

Method  of  keeping  in  Auditor’s  office .  3-4  37 

Public  utilities,  how  kept .  16  147 

.  Treasurer  to  keep -each  separately .  2  39 

ACQUISITION  OF  PUBLIC  UTILITIES  (See  Public 
Utilities). 

ACTIONS,  against  City  for  injuries . .  5 

By  City  Attorney,  when .  2  47 

By  District  Attorney,  when. .  2  48 

Civil  Service  provisions,. violation .  20  152 

For  recovery  of  public  property .  4  2 

Police  Court,  who  to  conduct  in .  2  52 

To  condemn  property  for  public  use .  12  11 

ADVERTISING,  contract  for  supplies .  1  20 

Delinquent  tax  list .  2  21 

For  stationery  supplies .  3  22 

For  surrender  of  outstanding  bonds .  7  29 

Franchises  for  street  railways .  6  15 

Official  newspaper  for,  charges,  etc .  2  20 

Sale  of  personal  property .  33  13 

Soliciting  proposals  for  public  work .  15  62 

ALMSHOUSE,  under  charge  of  Board  of  Health.  ...  3  135 

AMBULANCE  SERVICE,  charge  Board  of  Health ...  3  135 

ANIMALS,  prevention  of  cruelty  to .  19  11 

Prevention  of,  running  at  large .  8  10 

AMENDMENTS,  to  Charter  by  majority  vote,  when.  22  7 

To  Charter,  how  proposed  by  the  people .  22  7 

APPOINTMENT,  of  boards,  commissions,  and  offi¬ 
cers  (see  under  appropriate  titles). 

Of  clerks,  deputies,  and  employes  (see  under  ap¬ 
propriate  departments). 

By  Mayor  of  all  officers  not  otherwise  specified.  .  4  36 

By  Mayor  under  Charter,  when  to  be  made .  36  168 

Of  additional  deputies,  etc.,  when  and  how .  35  168 

Of  all  municipal  officers,  to  be  in  duplicate .  22  165 

Of  interpreters  in  Superior  Court .  1  47 

Of  laborers,  by  priority  of  application .  5  149 

Of  successors  to  officers  removed .  18  165 

Sex  to  be  disregarded,  when. .  9  150 

Temporary,  limited  to  sixty  days .  10  150 

Under  Civil  Service  provisions .  11  150 

APPORTIONMENT  OF  TAXES .  11  26 


174 


INDEX. 


Section  or 
Subdivision 

Page 

APPROPRIATIONS,  money  to  be  drawn  only  by.  . . . 

6 

25 

Warrants  drawn  only  upon  unexhausted . 

7 

25 

Weekly  statements  of  unexpended  balances . 

10 

26 

ART,  WORKS  OF.  acceptance  and  location . 

10 

156 

ASSESSMENT,  district,  for  street  improvements.  . . . 
Ordinances  levying . 

11 

76 

13 

5 

Street  improvements,  limit  to . 

8 

71 

Street  improvements,  how  levied . 

9 

72 

Street  improvements,  warrants  for . 

12 

76 

ASSESSOR,  election,  at  what  time . 

1 

138 

Election,  qualifications,  term,  salary . 

1 

43 

Deputies,  clerks,  assistants,  and  salaries . 

1 

43 

To  assess  property  as  prescribed  by  law . 

ASSISTANTS  (see  under  appropriate  titles  or  de- 

2 

44 

partments). 

ATTORNEY,  City  and  County  (see  City  Attorney). 
District  (see  District  Attorney). 

Special  for  Auditor . 

Special  for  Sheriff . 

Special  for  Tax  Collector . 

AUDITOR,  accounts  of,  how  Kept . 

Adjust  accounts  of  officers  monthly . 

Allowance  for  special  attorney . 

Annual  estimate  of  city’s  necessities  and  income 
Approval  of  ordinances  appropriating  money.  . . . 

Audit  demands  for  street  work. .  . . 

Certificate  of,  on  contracts  over  $250 . 

Countersign  demands  on  treasury . 

Deduct  from  salaries  for  absence . 

Deliver  licenses  to  Tax  Collector . 

Demands  not  allowable,  when . 

Demands  on  treasury  to  be  audited  by . 

Demands,  action  in  order  of  registration . 

Deputies,  clerks,  assistants,  and  salaries . 

Election  of  Auditor,  at  what  time . 

Election,  qualifications,  term,  salary . 

Endorse  11  Allowed”  on  approved  demands . 

Examine  claims  for  mileage  fees,  etc . 

Furnish  blank  receipts  to  officers . 

Have  custody  of  1  ‘  Duplicate  ’ 1  receipts . 

Head  of  Finance  Department  of  City . 

Joint  custodian  of  public  funds . 

Keep  official  register  of  demands . 

Salary  of,  audited' by  Mayor . 

School  Fund,  segregation  annually  for  salaries.  . . 

To  fix  rate  of  interest  on  deposits . 

"Weekly  statements  of  unexpended  balances . 


B 


BAGGAGE,  transportation  of . 

BAIL  BONDS,  custody  of . 

BAILIFFS,  for  Police  Court . . 

BANKS,  deposit  of  public  funds  in, 


2 

37 

2 

51 

3 

45 

3 

37 

8-9 

31-32 

2 

37 

2 

24 

3 

37 

16 

92 

10 

26 

2 

39 

6 

38 

5 

45 

5-6 

38 

3 

37 

8 

39 

2 

37 

1 

138 

1 

37 

7 

38 

11 

32 

5 

31 

4 

42 

1 

37 

3 

42 

8 

39 

13 

33 

9 

105 

2 

39-42 

10 

26 

7 

10 

5 

54 

14 

55 

2 

39-42 

INDEX.  175 

Section  or 

,  Subdivision  Page 

BEQUESTS,  Public  Library .  3-4  112 

Public  Parks .  8  155 

Public  schools .  12  106 

BIDS  (see  also  Contracts). 

Cleaning  and  sprinkling  streets  .  29  85 

Franchises  for  street  railroads . .  6  15 

Printing  delinquent  tax  list .  2  21 

Stationery  for  public  offices .  3  22 

Supplies  in  general .  1  20 

BILLS,  (see  Ordinances). 


BOARD  OF  EDUCATION,-  ^see  under  Schools). 

BOARD  OF  ELECTION  COMMISSIONERS  (see  un¬ 
der  Elections). 

BOARD  OF  EQUALIZATION,  officers  of,  etc .  2  14 

BOARD  OF  FIRE  COMMISSIONERS,  (see  under 
Fire  Department.) 

BOARD  OF  FIRE  PENSION  FUND  COMMISSION¬ 
ERS,  (see  under  Fire  Department). 

BOARD  OF  FREEHOLDERS,  certification,  new 

Charter  .  172 

BOARD  OF  HEALTH,  (see  under  Health  Depart¬ 
ment). 

BOARD  OF  PARK  COMMISSIONERS,  (see  Park 
Commissioners) . 

BOARD  OF  PLAYGROUND  COMMISSIONERS, 

(see  under  head  of  Playground  Commission¬ 
ers). 

BOARD  OF  POLICE  COMMISSIONERS,  (see  under 
Police  Department). 

BOARD  OF  POLICE  PENSION  FUND  COMMIS¬ 
SIONERS,  (see  under  Police  Department.) 

BOARD  OF  PUBLIC  WORKS,  (see  under  Public 
Works). 

BOARD  OF  SUPERVISORS,  (see  under  Super¬ 


visors). 

BOARDS,  DEPARTMENTS,  etc.,  seals  for .  23  12 

BLOCK,  defined .  26  83 

Subdivision  of .  28  84 

BONDS,  additional,  may  be  required .  5  16  L 

Bail  and  appeal .  5  54 

Deputies,  etc.,  may  be  required  to  give .  7  161 

Examination  of,  by  Supervisors .  3  14 

Liability  of  officers  upon .  6  161 

Official,  amounts  of .  2  160 

Official,  approval,  execution,  record  of .  1  160 

Premium  on,  to  be  paid  by  City  and  County .  2  160 

Public  buildings  and  improvements .  29  166 

Public  utilities,  acquisition  of .  4-13  141-6 

Public  works,  officers  and  employes  under .  4  57 

Public  works,  contractors  under .  15  62 

Redemption  of  outstanding .  7  29 


176 


INDEX. 


Section  or 
Subdivision  Page 


BONDS  (Continued). 

Sureties  on,  number  of,  worth  of,  etc .  3-4  161 

Tax  for  payment  of .  12  146 

BOOKS  AND  RECORDS,  open  to  public .  13  164 

Transfer  of,  when  Charter  takes  effect . .  12  164 

BOULEVARDS,  designated  by  Supervisors .  25  12 

Control  of  by  Board  of  Public  Works .  9  59 

Railroad  franchises  on .  6  15 

BOUNDARY,  of  City  and  County .  2  1 

BUDGET,  annual,  prepared  by  Supervisors .  3  24 

Contents  and  action  on .  3  24 

Veto  of  any  item  by  Mayor. .  4  24 

BUILDINGS,  construction  of,  supervision .  5  60 

Construction  and  repair  of  public .  6  60 

Contracts  for  lighting  public .  6  23 

Moving,  permits  for . 1  59 

Municipal,  may  be  acquired  or  constructed .  29  166 

Wooden,  restriction  within  certain  limits .  5  10 

BUSINESS,  exemption  from  license  taxes.  . .  15  11 

C 

CARRIAGES,  hackney,  regulation  of .  7  10 

CARRIERS,  regulation  of .  7  10 

CARS,  danger  from,  regulations  to  avoid .  27  12 

Permits  for  running  temporarily .  3  9 

Regulation  of,  in  streets .  27  12 

CENSUS  MARSHALS,  school .  7  105 

CERTIFICATES,  (see  Official  Receipts). 

CHARGES,  electric  power  or  lighting,  regulation  of .  .  7  17 

Fixing  of,  not  otherwise  provided .  17  11 

CHARTER  OF  CITY  AND  COUNTY,  approval  of, 

by  the  Legislature .  171 

Certification  of,  by  Freeholders .  171 

Publication  of .  171 

Special  election  upon .  171 

Supersedes  what  laws .  171 

Terms  of  appointed  officers  terminate,  when ....  36  168 

When,  becomes  operative .  171 

When  officers  first  appointed,  take  office .  36  168 


CHIEF  ENGINEER  FIRE  DEPARTMENT,  (see 
under  Fire  Department). 

CHIEF  OF  POLICE,  (see  under  Police  Department). 


CITY  AND  COUNTY  HOSPITAL,  (see  under  Hos¬ 
pitals). 

CITY  AND  COUNTY  OF  SAN  FRANCISCO, 

Actions  for  or  against .  4  2 

Boundary  of .  2  1 

Charter  of .  1 

Employes  of,  under  Civil  Service .  11  150 

Liability  for  damages  to  persons  or  property. ...  5  2 

Municipal  corporation,  may  hold  property .  1-3  1 

May  receive  bequests  and  gifts .  1  1 


INDEX. 


177 


Section  or 
Subdivision  Page 

CITY  AND  COUNTY  OF  SAN  FRANCISCO  (Continued). 


Public  property  and  rights  of .  3  1 

Seal  of,  in  whose  custody .  7  4 

CITY  AND  COUNTY  SURVEYOR, 

Succeeded  by  City  Engineer .  11  61 

CITY  ATTORNEY,  actions,  briefs,  etc.,  record  of .  .  .  .  3  47 

Assistants  and  clerks,  salaries  and  qualifications.  5  48 

Board  of  Education,  conduct  proceedings  for.  ...  8  105 

Books  to  be  delivered  to  successor .  4  48 

Contracts ’for  Board  of  Public  Works,  drawn  by.  .  21  64 

Devote  entire  time  to  duties  of  office . .  1  47 

Duties  in  reference  to  suits .  2  47 

Election  of,  at  what  time .  1  138 

Election,  qualifications,  term,  salary .  1  47 

Franchises  forfeited,  actions  to  annul .  3  36 

Legal  advice  to  officers,  boards,  etc .  2  47 

Litigation,  when  may  settle .  2  47 

Police  officer  on  detail  in  office  of .  5  48 

Recovery  of  city’s  money  or  property .  14  34 

To  approve  bonds  deposited  as  security  for  public 

funds  .  2  39-42 

CITY  BOARD  OF  EXAMINATION, 

Members  of,  powers  and  duties .  6  109 

CITY  ENGINEER,  (see  under  Public  Works). 

CITY  HALL  COMMISSIONERS,  (see  under  Public 
Works). 

CIVIL  SERVICE,  appointees,  etc.,  list  to  be  filed.  ...  19  152 

Appointments  of  all  officers,  etc.,  to  be  filed  with.  22  165 

Appointments,  transfers,  etc.,  notice  of .  13  151 

Candidates  not  disqualified  on  account  of  sex.  ...  9  150 

Chief  examiner  and  secretary,  duties  and  salary.  16  152 

Classified  Civil  Service,  what  constitutes .  2  148 

Classified  service,  promotions  in .  8  149 

Commissioners  of,  appointment  of .  1  148 

Commissioners,  annual  report  of .  15  152 

Deputies,  clerks  and  employes  exempt  from .  11  150 

Examinations,  practical  in  character .  4  148 

Examinations,  rules,  regulations .  3  148 

Examinations,  public,  competitive  and  free .  4  148 

Examiners  for,  may  be  appointed .  5  149 

Expenses,  office  rooms,  etc .  17  152 

Laborers  appointed  by  priority  of  application ...  5  149 

Names  of  candidates  stricken  from  register .  10  150 

Offices  and  departments  under .  11  150 

Police  Department,  governs  new  appointments.  .  .  1  121 

Positions,  rules  governing .  9  150 

Public  notice  of  examinations .  3  148 

Public  notice  of  time,  etc.,  for  examinations .  6  149 

Public  Offices,  Commission  may  investigate .  14  151 

Probation  of  Candidates .  10  150 

Prosecutions  for  violation  of .  20  152 

Purposes  of,  not  to  be  defeated .  18  152 

Registration  of  successful  applicants .  7  149 

Removals,  suspensions,  etc .  12  151 

Report  annually  to  Supervisors .  15  152 

Term  of  office,  salary,  qualifications .  1  148 


178 


INDEX. 


CIVIL  SERVICE  COMMISSION,  (see  under  Civil 
Service). 

CLAIMS,  (see  Demands). 

CLASSIFIED  CIVIL  SERVICE,  (see  under  Civil 
Service). 

CLEANING  OF  STREETS,  Supervisors  to  regulate. . 

Board  of  Public  Works,  special  charge  of . 

Board  of  Public  Works,  control  of . 

CLERKS,  (see  under  appropriate  departments). 
CLERKS,  ASSISTANTS,  EMPLOYEES  GENER¬ 
ALLY,  (see  Deputies). 

CLERK  OF  BOARD  OF  SUPERVISORS  (see  under 
Supervisors). 

CLOSING  STREETS,  (see  street  opening). 

COLLECTION,  fees,  percentages,  etc . 

Licenses  . 

Tolls  for  wharfage . . 

COMMISSIONERS  AND  BOARDS  (see  under  appro¬ 
priate  headings). 

COMMISSIONS  (see  Fees). 

COMMON  SCHOOL  FUND,  (see  under  Funds). 

COMMON  SEAL,  for  City  and  County . 

COMPENSATION,  (see  Salaries  and  Fees). 

CONDEMNATION,  of  property  for  public  use . 

Private  property  for  street  improvements . 

CONDUITS,  franchises  for  laying . 

Board  of  Public  Works,  control  of . 

CONSTRUCTION,  of  schoolhouses . 

Sewer  system . 

Municipal  buildings,  etc . 

CONTEMPT  OF  COURT,  in  Police  Court . 

CONTRACTS,  award  of,  by  ordinance . 

Auditor  to  indorse  certain . 

City  work,  maximum  hours,  minimum  wages. . . . 

Countersigned  by  Clerk  of  Supervisors . 

Day’s  labor,  Board  of  Public  Works . 

Deposits  to  be  made  with  bids . 

Exceeding  $250,  subject  to  restrictions . 

Executed  by  Mayor . 

Executed  in  name  of  City . 

Fire  Department,  provisions  governing . 

Let  to  lowest  bidder . 

Lighting  streets  and  public  buildings . 

Official  advertising . 

Officials  not  to  be  interested  in . 

Parks,  provisions  governing . 

Penalty  for  aiding  bidders . 

Printing . 

Progressive  payments  on . 

Proposals  to  be  advertised . 

Proposals  to  be  opened  before  bidders . 

Public  work . 

School  supplies . . . 


Section  or 
Subdivision  Page 


13 

11 

29 

85 

3 

59 

3 

30 

15 

11 

2 

95 

23 

12 

12 

10 

1 

86 

5 

15 

7 

60 

1 

110 

22 

12 

29 

166 

3 

53 

1 

20 

10 

26 

1 

20 

5 

23 

9 

60 

1 

20 

10 

26 

5 

23 

5 

23 

4 

127 

1 

20 

6 

23 

2 

21 

6 

162 

4 

153 

4 

23 

2 

21 

21 

64-65 

1 

20 

1 

20 

14-20 

61-64 

2 

107 

INDEX. 


179 


Section  or 
Subdivision  Page 

CONTRACTS  (Continued). 

Stationery  .  3  22 

Supplies,  bids  for  separate  articles .  1  20 

Supplies  for  prisoners .  1  20 

To  be  in  writing .  5  23 

COPYING,  in  County  Clerk’s  office,  charges  for .  3  50 

Public  records,  price  of,  etc .  13  164 

COPYISTS,  in  County  Clerk’s  office .  2  50 

CORONER,  deputies  and  assistants  and  salaries .  2  46 

Duties  as  prescribed  by  law .  1  45 

Election,  qualifications,  term,  salary .  1  45 

Election  of,  at  what  time .  1  138 

Morgue,  to  have  management  of .  1  45 

CORPORATION  STORE  YARD,  Public  Works .  32  86 

Eire  Department .  9  126 

Materials  to  be  kept  in .  32  86 

Storekeeper  appointed  for,  duties .  32  86 

COUNSEL,  special  (see  Attorney). 

COUNTY  CLERK,  copies,  charges  of .  3  50 

Court  moneys  for  Special  Deposit  Fund .  1  30 

Deputies,  assistants,  clerks  and  their  salaries. ...  2  50 

Election  of,  at  what  time .  1  138 

Election,  term,  salary,  powers  and  duties .  1  50 

Moneys  to  be  paid  for  Law  Library .  1  56 

Police  Court  Clerks  appointed  by .  2  50 

COUNTY  JAILS,  Supervisors  to  maintain,  etc .  11  10 

COURT,  Justices’  (see  Justices’  Court). 

Police  (see  Police  Court). 

Superior  (see  Superior  Court). 

CRUELTY  TO  ANIMALS,  Prevention  of .  19  11 

CUSTODY  OF  PUBLIC  MONEYS .  30-34 

D 

DAMAGES,  claims,  when  presented .  8  18 

From  defective  streets .  5  2 

DEATHS,  Board  of  Health  provide  registration  of . . .  4  135 

DEFALCATION,  public  officers,  proceedings  against.  4  14 

Suspensions  from  office  for .  2  35 

DELINQUENT  TAX  LIST,  publication  of .  2  21 

Taxes,  collected  by  Tax  Collector .  2-3  44-45 

When  collected,  how  used .  6  29 

DEMANDS,  against  treasury,  Auditor’s  approval. ...  3  37 

Against  treasury,  remaining  unpaid .  6  29 

Against  treasury,  to  be  specific .  7  38 

Against  treasury,  when  barred .  1  34 

Against  treasury  in  any  one  month .  9  25 

Approval  by  proper  board  before  payment .  5  33 

Approval  of,  penalty  for  illegal .  11  163 

Authority  for,  to  be  shown .  13  33 

Cancellation  of .  6  43 

Common  School  Fund .  10  106 

Damages,  to  whom  presented .  8  18 

Must  specify  items,  date,  provision  in  Charter.  . .  5  43 


INDEX. 


Section  or 
Subdivision  Page 


DEMANDS  (Continued). 

No  invalid,  to  be  paid .  13  27 

Payment  of .  1  34 

Persons,  etc.,  indebted  to  city .  6  38 

Registration  of .  8  39 

Revival  of,  when .  1  35 

Salaries,  etc.,  payable  monthly .  1  35 

Street  work,  by  contractors .  12  76 

To  be  acted  upon  in  order .  9  25 


DEPARTMENTS  (see  under  separate  headings). 
DEPARTMENT  OF  ELECTIONS  (see  Elections). 
DEPARTMENT  OF  ELECTRICITY  (see  under  Elec¬ 
tricity). 

DEPARTMENT  OF  PUBLIC  HEALTH  (see  under 
Health  Department). 

DEPARTMENT  OF  PUBLIC  WORKS  (see  Public 
Works). 


DEPOSIT  OF  PUBLIC  MONEYS  IN  BANKS .  2  39-42 

DEPUTIES  (see  under  appropriate  departments). 

Additional,  how  provided .  35  168 

Duties  of,  as  assigned  by  heads  of  departments..  30  167 

General  qualifications  necessary .  2  162 

Removal  of,  when  and  how .  21  165 

Salaries  proportionate  to  actual  services .  33  168 

DETECTIVES  (see  under  Police  Department). 

DISBURSEMENT  OF  MONEY,  authority  of .  15  27 

By  Treasurer  only .  1  30 

Of  school  moneys .  10  106 

DISTRICT  ATTORNEY,  assistants  and  clerks,  sala¬ 
ries  and  qualifications .  3  49 

Election  of,  at  what  time .  1  138 

Election,  qualifications,  term  and  salary .  1  49 

General  duties,  etc.,  of .  *2  49 

Police  Court,  conduct  cases  in .  2  49 

Property  levied  upon  for  fines;  purchase  of .  4  50 

Warrant  and  Bond  Clerk,  appointment  of .  5  54 

DRAINAGE  AND  SEWERS  (see  Sewers). 

DUTIES  (see  under  separate  boards  and  officers). 


E 


EARNINGS  OF  PUBLIC  UTILITIES  (disposi¬ 
tion  of .  12  26-27 

ELECTION  COMMISSIONERS  (see  under  Elections). 

ELECTIONS,  governed  by  general  laws  of  State. ...  5  138 

Management  and  control  of .  1  137 

Municipal,  what  officers  elected  at .  1  138 

Municipal,  when  to  be  held .  1  138 

Officers  first  elected  under  Charter,  take  office..  3  139 

Officers  elected  in  1898,  retire  when .  2  139 

Officers  of,  to  be  under  Civil  Service .  4  138 

Officers  of,  salaries,  services .  4  138 

Precinct  registration,  to  be  provided  for .  5  138 

Proclamation  for  municipal .  4  139 


INDEX. 


181 

Section  or 
Subdivision  Page 

ELECTIONS  (Continued). 

Special  for  issue  of  bonds,  proceedings .  4-10  141-6 

Special,  on  new  Charter .  171 

Special,  upon  acquisition  public  utilities .  3-4  140-1 

ELECTION  COMMISSIONERS. 

Action  by  initiative  of  the  people .  20  6 

Action  by  referendum  of  the  people .  21  7 

Action,  amendments  by  the  people .  22  7-8 

Appointed  by  Mayor,  when .  1  137 

Appointment  of  by  Mayor .  1  137 

Clerical  assistants,  duties,  compensation,  etc.  4  138 

Control  and  management  of  elections .  1  137 

Duties  of,  in  connection  with  recall .  29  8-9 

Election  of  President  of,  etc .  3  138 

Five  members  to  constitute .  1  137 

Provisions  for  precinct  registration .  5  138 

Qualifications,  term,  salary,  classification  of.  1  137 

To  abstain  from  political  acts .  2  137 

REGISTRAR  OF  VOTERS. 

Abstain  from  political  acts . 2  137 

Appointment  of,  term,  salary,  duties .  3  138 

ELECTRICITY,  DEPARTMENT  OF, 

Appointment  of  assistants,  salaries .  3  133 

Chief  of,  qualifications,  appointment,  salary .  2  133 

Connection  with  the  system  by  citizens .  5  134 

Employes  of,  salaries .  2  133 

Fire  and  Police  Departments  to  control  their  own 

systems  .  4  134 

Fire  Alarm  and  Police  Telegraph,  in  charge  of .  . .  1  133 

Inspection  and  supervision  of  wires .  6  134 

Joint  commission  to  control,  how  constituted.  ...  1  133 

ELECTRIC  LIGHT  AND  POWER  (see  Lighting). 

ELECTRIC  LIGHT  WORKS,  acquisition  of .  1  139 

ELECTRIC  POWER,  charges  for,  regulation  of .  7  17 

Franchises  for  erecting  poles  or  wires .  7  17 

Location,  quality,  rates .  13-14  11 

EMERGENCIES,  approval  of  tax  by  all  Supervisors.  13  27 

Extra  taxation  for,  when .  13  27 

Schools,  cases  of .  3  110 

EMPLOYEES,  general  rules  governing  (see  Officers). 

In  classified  service  (see  Civil  Service). 

Qualifications  generalhr  required .  2  148 

Removal  of,  for  cause  and  after  trial .  12  151 

EMPLOYMENTS,  exempt  from  licenses .  15  11 

ENACTING  CLAUSE  FOR  ORDINANCES .  8  4 

EQUALIZATION,  Board  of .  2  14 

ESTIMATES,  City’s  annual  expenditures .  2  24 

Yearly  expenses  furnished  by  boards,  etc .  1  24 

EXAMINERS,  for  Civil  Service  appointments .  5  149 

EXECUTION,  City  property  levied  on,  purchase  of . .  34  13 

Of  trusts  confided  to  City .  30  13 

EXECUTIVE  DEPARTMENT  (see  Mayor,  Auditor, 

Treasurer,  Assessor,  Tax  Collector,  Coroner, 

Recorder). 


182 


INDEX. 


Section  or 
Subdivision  Page 

EXEMPT  FIREMEN,  relief  of .  36  13 

EXPENDITURES,  annual  estimates  by  departments.  1  24 

Auditor  to  prepare  estimate  of  annual .  2  24 

Limit  of,  for  school  purposes .  1  109 

Limit  of  tax  levy  for  City  ’s .  11  26 

Tax  levy  to  contain  specific  items .  3  24 

EXPENSE,  definition  of,  in  street  work .  26  83 

EXTENDING  STREETS,  (see  Street  Opening). 

F 

FAIR  OR  EXPOSITION,  when  permitted  in  parks ...  6  155 

FARES,  power  to  regulate  street  railroad .  27  12 

FEES,  County  Clerk,  for  copies,  etc.,  of  records .  3  50 

Deputies,  clerks,  employees  to  receive  none .  2  30 

Official  services .  17  11 

Percentages,  etc.,  to  be  paid  into  treasury .  3  30 

Public  Administrator’s .  1  50 

Salaried  officers  to  receive  none .  2  30 

FELONY,  reward  for  conviction  of .  21  12 

FINANCE  COMMITTEE  OF  SUPERVISORS,  duties  3-4  14 

Water  and  Light  companies,  examination  of 

books  .  4  14 

FINANCE  AND  TAXATION  (see  Taxes  and  Funds). 

Department,  Auditor  the  head  of .  1  37 

FIRE  ALARM  AND  POLICE  TELEGRAPH  (see 
under  Electricity). 

FIRE  COMMISSIONERS  (see  under  Fire  Depart¬ 
ment). 

FIRE  DEPARTMENT,  appointment  of  members  of . .  1  125 

Appointments  and  dismissals  for  cause .  7  126 

Chief’s  Operators .  4  128 

Civil  Service  not  to  apply  to  present  members ...  1  127 

Companies,  engine,  hook  and  ladder,  tower,  etc.  .  1  128 

Contracts,  provisions  governing .  4  127 

Fines  on  members,  how  deducted  and  applied. ...  8  126 

Members  disabled,  when  allowed  salaries .  3  127 

Members  killed,  pensions  to  families .  5  131 

Members  to  be  engaged  in  no  other  employment:  10  126 

Members  of,  may  be  pensioned  when .  3-4  130-1 

Members  of,  may  be  dismissed  when .  2  127 

Officers  and  employees  of . . .  1  127 

Officers  and  employees  removed  for  politics .  32  168 

Officers  and  employees  to  abstain  from  politics. .  32  167 

Qualifications  of  appointees .  6  126 

Salaries  of  officers  and  members. .  1  132-3 

Supplies,  how  and  when  delivered .  9  126 

Tax  levy,  to  meet  all  demands  of .  2  130 

To  be  re-organized,  when .  1  126 

Under  management  of  Fire  Commissioners .  1  125 

Vacations  for  firemen . 2  133 

FIRE  COMMISSIONERS, 

Abstain  from  taking  part  in.  politics .  32  467 

Appointed  by  Mayor . 1  125 

Composition  of,  as  to  politics . 2  125 

Contracts,  how  to  be  awarded,  etc .  4  127 


INDEX. 


183 

Section  or 
Subdivision  Page 

FIRE  DEPARTMENT  (Continued). 

Corporation  store  yard .  9  126 

Dismissals,  when .  2  127 

Estimate  annually  amount  for  relief  fund ...  7  132 

Fire  Department  under  management  of .  1  125 

Four  members  to  constitute .  1  125 

Ineligible  to  any  elective  office .  30  167 

Number  and  duties  of  members  of  Depart¬ 
ment  .  5  125 

Organization  of  the  Department .  5  125 

Pensions  to  firemen,  when .  3  130 

Political  interference  cause  for  removal .  32  168 

President  and  Secretary  of,  duties,  salary. .  .  4  125 

Property  and  money  for  Department .  5  125 

Qualifications,  term,  salary .  1-2  125 

Those  first  appointed,  classification .  1  125 

CHIEF  ENGINEER, 

Chief  executive  officer  Department . . .  1  127-8 

Operators  for .  4  128 

Powers  and  duties  of . *. .  1-3  127-8 

FIRE  MARSHAL,  appointment  of  and  assist¬ 
ants  .  1  129 

City  not  liable  for  salaries  of .  1  129 

May  sell  property  saved,  when .  4  129 

Powers,  duties,  salary .  1-5  129 

Report  of,  when  crime  suspected.  .  . .  4  129 

FIRE  PENSION  FUND  COMMISSIONERS, 
meetings,  records,  powers,  duties,  pro¬ 
ceedings  .  8-9  130-32 

FIREMEN,  Indigent,  Exempt,  appropriations 

for  relief  of .  36  13 

FIREMEN’S  RELIEF  FUND, 

Condition  of,  reported  quarterly .  8  132 

Estimate  of  amount  annually  required .  7  132 

Moneys  to  be  paid  into .  2  130 

Payments  from .  8  132 

Pensions  issued,  when .  3-4  130-31 

Pensions  to  families,  when  and  how .  5  131 

Under  control  of  Fire  Commissioners .  1  130 

FIRE  WARDENS,  who  constitute .  1  130 

FISCAL  YEAR,  budget  of  amounts  estimated .  3  24 

Commences  and  ends  when .  16  164 

Revenues  and  expenses  for  each .  2  24 

FOURTH  OF  JULY,  appropriation  for  celebration  of  18  11 

FRANCHISES,  existing,  when  declared  forfeited.  ...  26  166 

Forfeiture  of,  power  to  declare .  6  16 

Forfeited,  how  revoked  or  annulled .  3  36 

Lighting  purposes  or  electric  power .  7  17 

Light  or  water,  submission  to  people . .  .  . .  21  7 

No  exclusive,  to  be  granted .  5  15 

Officers  prohibited  from  being  interested  in .  6  162 

Ordinances  granted,  before  final  action .  12  4 

Postponement  of  final  action  for  vote  of  people. .  3  36 

Steam  railroads,  power  to  grant .  28  12 

Street  railroads,  term  of,  etc .  6  15 

Time  required  before  renewal .  12  4 


184 


INDEX. 


Section  or 
Subdivision  Page 

FRANCHISES  (Continued). 

FOR  STREET  RAILROADS;  general  condi¬ 
tions  .  6  15-17 

Bids  may  be  rejected .  6  16 

Extension  or  renewal  of .  6  16 

Highest  bidder  to  receive .  6  15 

Percentage  paid  to  the  City .  6  15 

Roads  owned  by  City  at  expiration  of .  6  16 

FREEHOLDERS,  Board  of;  Certification  of  Charter. .  171 

FUNDED  DEBT  OF  CITY,  liquidation  of .  2  29 

FUNDS,  accounts  of  each,  kept  separate .  2  39 

Balance  of  any  fund  ceasing  to  exist .  38  170 

Balances  remaining  in  existing .  37  169 

Contingent,  $3,600  annually  for  Mayor .  35  13 

Deposit  of  moneys  in  banks .  2  39-42 

Earnings  of  utilities  to  be  transferred  to  certain.  16  147 

Moneys  remaining  in  certain .  5  29 

No  transfer  from  one  to  another .  1  28 

Provision  for,  from  January  to  June  30th,  1900. .  37  169 

Redeeming  bonds  for  construction  of  buildings..  29  166 

Special,  for  drainage  purposes .  22  12 

Surplus  in  certain,  to  pay  outstanding  bonds ....  7  29 

Transfer  of  old  to  new .  37  169 

When  cease  to  exist .  38  170 

COMMON  SCHOOL  FUND, 

Amount  segregated  annually  for  salaries. ...  9  105 

Consists  of  what .  2  110 

Demands  against,  how  paid .  10  106 

Demands,  approved  by  Board  of  Education.  .  13  33 

Emergency,  additional  funds .  3  110 

Limit  of  tax  for .  2  110 

Money  from  bequests  or  sales  of  property.  . .  12  106 

Regulations  for  disbursement  of .  9  105 

Repairs  of  schoolhouses  paid  out  of . .  . .  .  2  111 

Residue  from,  not  to  go  to  Surplus .  16  27 

Teachers’  salaries  to  be  paid  from .  9  105 

GENERAL  FUND, 

Consists  of  what .  2  28 

Money  received  from  franchises  to  go  into.  .  6  17 

Payments  out  of .  37  169 

Street  improvement,  what  expenses  paid.  ...  8  71 

Tearing  up  streets,  expense  of  deposited  in.  .  9  60 

Transfer  of  what  previous  funds  to .  37  169 

LIBRARY  FUND, 

Consists  of  what .  2  28 

How  created  and  applied .  2-3  111-12 

Payment  upon,  how  ordered .  5  112 

Used  for  what  purposes .  2  28 

PARK  FUND. 

Consists  of  what .  2  28 

Used  for  what  purposes .  2  28 

PUBLIC  BUILDING  FUND, 

Sale  of  bonds  for,  to  be  paid  into .  29  167 

SINKING  FUNDS, 

Disposition  of  accumulated  moneys  in .  7  29 

Existing,  to  continue  how  long .  2  28 

Provision  for .  7  29 


INDEX. 


185 

Section  or 
Subdivision  Page 

FUNDS  (Continued). 

SPECIAL  DEPOSIT  FUND, 

Used  for  what  purposes .  4  29 

SURPLUS  FUND, 

Consists  of  what .  3  28-29 

Used  for  what  purposes.  . .  1-2-3  28 

UNAPPORTIONED  FEE  FUND, 

Consists  of  what .  4  31 

G 

GARBAGE,  Board  of  Public  Works  to  dispose  of .  . .  .  7  60 

GAS,  light  and  power,  regulation  of .  13  11 

Pipes,  power  to  regulate .  13  11 

Quality  of,  power  to  regulate. .  13  11 

Rates,  Supervisors  to  fix  yearly .  14  11 

Works,  estimate  of,  for  what  purpose  made .  1  139 

Plans  and  estimate  of  cost  for  acquisition  of  1  139 

Provisions  for  acquisition  of .  139-148 

GENERAL  FUND,  (see  under  Funds). 

GENERAL  LAWS  OF  STATE, 

To  govern  all  municipal  elections .  5  138 

GIFTS,  for  positions  debars  from  office .  7  163 

To  public  officers  prohibited .  8  164 

GOLDEN  GATE  PARK,  (see  Park  Commissioners). 

GRADES,  change  of,  proceedings  relating  to .  1-16  99-103 

GROUNDS,  public,  (see  under  Park  Commissioners). 

H 

HARBORS  AND  WHARVES, 

Built  and  repaired  by  Board  of  Public  Works.  .  .  1  95 

May  be  leased,  but  not  sold .  2  95 

Tolls  for  wharfage  and  dockage.  . .  2  95 

Under  control  of  Supervisors .  1  95 

HEALTH  DEPARTMENT, 

General  powers  to  regulate .  1  9 

Police  officers  are  also  health  officers .  3  119 

Under  management  of  Board  of  Health .  1  134 

BOARD  OF  HEALTH, 

Appointment  of  physicians  for  City  Hospital  6-7  136 

Appointments  of,  all  under  Civil  Service ....  5  135 

Employees  of,  number,  how  determined .  11  136 

Seven  members  appointed  by  Mayor .  1  134 

Internes  for  City  Hospital,  appointed  by.  . .  .  9  136 

Officers  and  employees,  appointed  by .  5  135 

Powers  and  duties  of . 3-4  135 

Qualifications  of  members  of .  1  134 

Registration  of  births,  deaths,  etc .  4  135 

Rules  and  regulations  adopted  by. . .  1  134 

Salaries  of  officers  and  employees .  10  136 

Serve  without  compensation .  1  134 

Term  of  office  of,  seven  years .  2  135 

Seven  members  to  constitute .  1  134 

Ward  in  City  Hospital  for  inebriates .  8  136 


18G 


INDEX. 


Section  or 
Subdivision  Page 

HOSPITALS,  regulation  and  maintenance  of .  11  10 

CITY  AND  COUNTY, 

Internes  may  be  appointed  for .  9  136 

Medical  students  given  facilities  in .  7  136 

Resident  physician  for .  6  136 

Under  charge  of  Board  of  Health .  3  135 

Visiting  physicians  and  surgeons  for .  7  136 

Ward  in,  for  treatment  of  inebriates .  8  136 

RECEIVING, 

In  charge  of  Board  of  Health .  3  135 

HOURS  OF  LABOR,  power  to  regulate .  24  12 

I 

IMPROVEMENT,  definition  of  in  street  work .  26  83 

IMPROVEMENTS,  how  provided,  wrhen  exceed  reve¬ 
nue  of  City .  29  166-67 

INDEBTEDNESS,  "(see  under  Bonds). 

INDIGENT,  Exempt  Firemen,  relief  of .  36  13 

INITIATIVE,  passage  of  ordinances  by .  20  6-7 

INSANE,  temporary  detention  of .  10  10 

INTERNES,  for  City  Hospital .  9  136 

INTERPRETERS,  appointment  Superior  Court .  1  47 

Coroner’s  juries  examinations .  2  46 

Salaries,  limit  of .  20  11 

Superior  and  Police  Courts .  20  11 

J 

JAILS,  power  to  provide  and  maintain .  11  10 

JOINT  CUSTODY  SAFE .  3  42 

JUDICIAL  OR  LEGAL  DEPARTMENT,  (see  sepa¬ 
rate  offices). 

JUDGES,  (see  Justices’  Court  and  Police  Court). 

Superior  Court,  Reporters  for .  2  47 

Interpreters  for,  payment  of .  20  11 

Interpreters  for,  when  may  be  appointed...  1  47 

JUSTICES’  COURT,  chief  clerk,  salary .  1  51 

Deputies,  their  salaries .  1  51 

Election  of,  at  what  time .  1  138 

Justices  of  the  Peace .  1  47 

Presiding  Justice  of  the  Peace  .  1  47 

JUSTICES  OF  THE  PEACE,  (see  Justices’  Court). 

L. 

LABOR,  hours  and  wages,  public  laborers .  24  12 

Application  for,  by  priority  of  registration....  5  149 

LANDS,  City  and  County  may  be  leased  32  13 

Condemnation  of,  for  new  streets .  1-19  86-93 

Condemnation  of,  for  sewers .  9  94-5 

Conveyance  of  certain,  of  the  City .  29  13 


INDEX. 


187 


Section  or 
Subdivision  Page 

LANDS  (Continued). 

Park  Commissioners  control  what .  1  153 

Purchase  of,  for  school  purposes .  3  111 

Purchase  of,  over  $50,000 .  21  7 

Sale,  of,  proceedings  for .  9  18-20 

LAW  LIBRARY,  act  of,  continued  in  force .  1  56 

Provision  for  maintenance  of .  1  56 

LAWS,  power  of  Supervisors  to  enact  local .  1  9 

LEASE,  lands  for  school  purposes .  6  105 

Power  to,  lands  of  City .  32  13 

Public  parks,  part  of,  restrictions . ;  6  155 

School  real  property  not  needed .  11  106 

Upon  expiration  of  railroad  franchise .  7  16 

Wharves,  provision  for .  2  95 

LEGAL  ADVICE,  City  Attorney  to  all  departments.  .  2  47 

District  Attorney’s  duty  to  give  certain  officers. .  2  49 

LEGAL  DEPARTMENT,  (see  under  separate  head¬ 
ings). 

LEGISLATIVE  ACTS  OF  CITY,  by  ordinance .  8  4 

LEGISLATIVE  DEPARTMENT,  (see  Supervisors). 

LEVYING  OF  TAXES,  (see  Taxes). 

LIABILITIES,  for  injuries  from  defective  streets..  5  2 

Not  to  exceed  monthly  proportion .  9  25 

Not  to  exceed  revenue  for  year .  6  25 

Not  to  be  paid  from  funds  of  another  year .  13  27 

LIBRARY,  books  and  publications,  purchase .  4  112 

Bequests,  etc.,  in  aid  of .  3  112 

City  property  may  be  used  for,  when .  7  113 

Fund,  (see  under  Funds). 

Library  Fund,  payment  out  of .  5  113 

Managed  by  twelve  trustees .  1  111 

Meetings  and  proceedings .  5  112 

Powers  and  duties  of  assistants  prescribed .  3  112 

President,  librarian  and  secretary .  5  112 

Rules,  regulations  of  library  and  branches ....  1  112 

Salaries  of  assistants .  6  113 

Tax  levy  for,  and  branches .  2  112 

Trust  for,  administration . 2  112 

Trustees  of,  continued  in  office .  1  111 

Trustees  to  serve  without  salary .  1  111 

Vacancy  in  Board  of  Trustees,  how  filled .  1  111 

LICENSES,  collection  of,  by  Tax  Collector .  2  44 

Examination  of,  by  Tax  Collector .  4  45 

Revocation  of,  by  Tax  Collector,  when .  4  45 

Supervisors  to  provide  for  collection  of .  15  11 

Tax  Collector  to  make  monthly  reports  on .  5  45 

What  may  be  licensed  .  15  11 

LIGHTING,  appliances,  location  and  quality  of....  13  11 

Charges  for,  regulation  of .  7  17 

Companies,  books  experted  by  Supervisors .  4  14 

Franchises  for  erecting  poles  or  wires .  7  17 

Franchises  submitted  to  vote  of  people .  20  6 

Public  officers,  bills  for .  6  23 

Rates  to  be  established  for .  14  11 


188 


INDEX. 


Section  or 
Subdivision  Page 

LIGHTING  (Continued). 

Regulation  of . 13  n 

Streets  and  public  buildings,  contracts  for .  6  23 

Streets  under  contract  Board  of  Public  Works..  3  59 

Under  charge  Board  of  Public  Works .  3  59 

LIMIT  OP  TAXATION,  City  and  County  purposes. .  11  26 

LIMITS,  erection  wooden  buildings .  5  10 

LIQUOR,  Police  Commissioners  may  grant  permits..  3  115 

LOST  OR  STOLEN  PROPERTY,  (see  Property). 

M 

MAYOR,  acquisition  public  utilities .  3  140 

Acting  Mayor,  provision  for .  6  37 

Additional  deputies,  etc.,  may  recommend,  when  35  168 

Appointment  of  deputies  and  their  salaries .  1  35 

Appointment  officers  not  otherwise  specified. . . .  4  36 

Appointments  under  new  Charter,  when .  36  168 

Approve  or  veto  ordinances .  16  5 

Audit  Auditor’s  salary .  13  33 

Board  of  education,  appointment .  1  103 

Board  of  Health,  appointment  of  seven  members.  1  134 

Board  of  Public  Works,  appointment .  1  57 

Chief  executive  officer  of  City .  1  35 

Civil  Service  Commissioners,  appointment .  1  148 

Contingent  fund  of  $3,600  annually .  35  13 

Contracts  to  be  executed  by .  5  23 

Contracts  to  be  supervised  by .  3  36 

Defaulting  officers,  action  of .  2  35 

Disability  of,  who  to  act  as  Mayor .  6  37 

Duties  of  in  connection  with  deposit  of  public 

funds  .  2  39-42 

Election  Commissioners,  appointment  of .  1  137 

Election,  qualifications,  term,  salary .  1  35 

•  Election  of,  at  what  time .  1  138 

Employees,  removal  of,  when . .  3  36 

Ex-Mavors  entitled  to  seat  with  Supervisors...  2  3 

Extra  sessions  of  Supervisors,  may  call .  5  36 

Eire  Commissioners,  appointment  of .  1  125 

Franchises,  annulling  of,  action  of .  3  36 

Franchises,  postponed  for  final  action .  3  36 

General  duties  and  supervision  of  municipality.  .  ,2  36 

Military  aid,  may  call  for,  when .  2  35 

Official  bonds  of  officers,  action  of .  3  14 

Park  Commissioners,  appointment .  3  153 

Parts  of  ordinances,  objection  to .  13  5 

Play  Ground  Commissioners,  appointment  of....  2  157 

Police  Commissioners,  appointment .  1  114 

President  of  the  Board  of  Supervisors .  5  36 

Presiding  officer  Board  of  Supervisors.... .  5  3 

Proclamation  for  municipal  elections .  4  139 

Removal  or  suspension  of  public  officers,  when.  .  18-19  165 

Removal  of  appointed  officers .  18-20  165  . 

Suspension  of  officers  in  certain  cases .  2  35 

Suspension  of  officers,  when .  3  14 


INDEX. 


189 


MAYOR,  (Continued). 

Tax  limit,  approved  suspension  of,  when . 

Trustee  Free  Library  and  Reading  Rooms . 

Vacancy  in  office  of,  how  filled . 

Veto  annual  budget,  how  and  when . 

MEMORIAL  DAY,  appropriation  for  celebration  of 

MILITARY  AID,  may  be  summoned,  when . 

MISCELLANEOUS  PROVISIONS  OF  CHARTER.  . 
MONEYS,  accounts,  investigation  of  by  Supervisors. 

All  to  be  desposited  daily  in  treasury . . 

Auditor’s  approval  for  payment  of . 

Auditor’s  warrant  necessary  to  draw . 

Bail,  accounting  of . 

Collections  of,  paid  into  treasury . 

Gold  and  silver,  how  to  be  kept . 

Outstanding  bonds,  for  liquidation  of . 

Remaining  in  certain  funds,  disposition  of . 

Street  railway  franchises,  disposition  of . 

To  be  drawn  by  appropriations,  how . 

MORGUE,  Coroner  to  control  and  manage . 

Provision  for  by  Supervisors . 

MUNICIPAL  ELECTIONS,  (see  Elections). 
MUSEUM  AND  ART  GALLERY  IN  PARK . 

N 

NEGLECT  OF  DUTY,  suspension  from  office  for.  .  .  . 
NEW  CITY  HALL  COMMISSIONERS,  (see  Board  of 
Public  "Works). 

NEWSPAPER,  all  publications  to  be  in  official... 

Official  to  be  designated . . 

NUISANCES,  abatement  and  removal  of . 

Abatement  of,  by  Board  of  Health . 

0 

OATHS,  clerk  of  Supervisors  to  administer . 

All  officers  may  administer . 

OFFICE  HOURS,  of  public  officers . 

OFFICERS,  (see  under  appropriate  titles). 

Absence  from  State,  limitation  on . 

Accounts  of,  investigated  by  whom . 

Additional  deputies,  provisions  for . 

Annual  reports  to  the  Mayor . 

Appointments  of,  to  be  in  duplicate . 

Appointed,  when  and  how  removed . 

Books,  etc.,  to  be  delivered  to  successors . 

Books  of,  open  to  inspection . 

Bonds  of,  to  be  given . 

Classification  of,  filing  of  records . 

Compensation  limited  to  salaries  only . 

Compensation  for  positions,  etc.,  not  allowed.  .  .  . 
Copies  of  records,  etc.,  price  for  certified . 


Section 

or 

Subdivision  Page 

13 

27 

1 

111 

4 

36 

4 

24 

18 

18 

2 

36 

162-169 

3-4 

14 

17 

164 

3 

37 

6 

25 

5 

54 

1 

30 

3 

42 

7 

29 

5 

29 

6 

15 

6-7 

25 

1 

45 

9 

10 

6 

134 

2 

35 

25 

166 

2 

21 

6 

10 

4 

135 

7 

4 

24 

166 

14 

164 

3 

162 

3 

14 

35 

168 

9 

163 

22 

165 

18  20 

165 

12 

164 

13 

164 

1 

160 

23 

165 

2 

30 

7 

163 

13 

164 

190 


INDEX. 


Section  or 
Subdivision  Page 

OFFICERS  (Continued). 

Defalcations  or  misdemeanors,  proceedings .  4  14 

Default  of,  actions  regarding .  14  34 

Employees  of,  number  bow  limited .  5  162 

Elected  in  1898,  to  retire  when .  2  139 

Election  of,  when,  under  new  Charter .  1  139 

Eligibility  for  public . 15  164 

Fees,  etc.,  to  be  paid  into  treasury .  3  30 

First  elected  under  Charter,  take  office  when. ...  3  139 

Gratuities,  penalty  for  accepting .  8  163 

Liability  of,  for  illegal  payments .  11  163 

Mileage  fees,  etc.,  report  of .  11  32 

Monthly  reports  of  all  official  receipts .  9  32 

Moneys  collected  by,  to  be  paid  into  treasury. ...  1  30 

Not  to  hold  other  salaried  offices .  4  162 

Oaths,  power  to  administer . . .  24  166 

Office  hours . 14  164 

Official  seals  for,  to  be  provided .  23  12 

Penalty  against,  for  false  certifying .  4  23 

Penalty  for  favoring  bidders .  4  23 

Penalty  for  interest  in  contracts,  etc .  6  162 

Penalty  for  not  depositing  funds  collected .  17  164 

Penalty  for  holding  two  salaried  offices .  4  162 

Recall  of  elected . . .  23  8-9 

Removal  of  deputies  of,  when  and  how . '.  21  165 

Salary  withheld  from,  for  not  making  returns..  6  38 

Supervision  of  official  conduct  of,  by  Mayor.  ...  2  35 

Supplies  for,  how  limited .  5  162 

Stationery  for,  not  to  contain  printed  names  of  3  22 

Suspension  of . 3  14 

Suspension  of,  by  Mayor,  when .  2  35 

Suspension  and  removal  of .  18-19  165 

Terms  of,  after  Charter  takes  effect .  36  168 

Vacancies  in  office  of .  10  163 

Violation  of  duty,  report  to  Mayor . 3  36 

OFFICIAL  NEWSPAPER,  (see  Newspaper). 

OFFICIAL  RECEIPTS,  consist  of  what .  6-7  31 

Action  upon,  etc .  8-10  31-32 

Auditor  to  be  furnished  with .  5  31 

Official  reports,  annual  of  each  department .  9  163 

ONE-TWELFTH  ACT,  reference  to .  9  25 

OPENING  OF  STREETS,  (see  Public  Works). 

ORDINANCES,  acquisition  of  municipal  buildings..  29  166 

Amendment  and  re-enactment  of .  10  4 

Approval  of  Mayor,  how  valid  without .  16  5 

Board  of  Public  Works .  9  59 

By  petition  of  electors .  20  6-7 

By  petition,  how  amended  or  repealed .  20  6^7 

Citation  of,  in  presenting  demands .  13  33 

Closing  of  streets .  27  84 

Condemnation  of  private  property .  9  94 

Contraction  of  sewers .  6  94 

Deposited  with  Clerk  of  Supervisors .  17  6 

Enacting  clause  of .  8  4 

Existing  in  force  under  new  Charter .  28  166 


INDEX. 


191 


Section  or 
Subdivision  Page 

ORDINANCES  (Continued). 

Final  passage  of  .  12  4 

Final  vote  by  ayes  and  noes .  9  4 

Franchises,  granting  before  final  action .  12  4 

Franchises  for  street  railways .  G  15 

Government  of  parks,  squares  and  grounds....  5  154 

Health,  enforced  by  Board  of  Health .  4  135 

Improvement  of  streets .  G  82 

Lease  of  City  lands .  32  13 

Lease  of  railroad  franchises .  7  17 

Legislative  acts  of  the  city .  8  4 

Majority  of  Supervisors  necessary  to  adopt .  9  4 

Mayor  to  enforce .  2  35 

Mayor  may  object  to  a  part  of .  14  5 

Must  be  presented  to  Mayor  for  approval .  16  5 

Park  Commissioners  may  pass  certain .  5  154 

Publication  of  all .  2  21 

Publication  of  certain  .  13  5 

Repeal  of  .  18  6 

Repeal  of,  for  street  improvements .  27  166 

Revival  of  claims .  1  35 

Special  elections  for  issue  of  bonds .  7-8  143 

Submission  to  vote  of  the  people .  21  7 

Supervisors’  power  to  pass .  1  9 

Suspension  tax  limit,  approval  Supervisors .  13  27 

Title  of  to  embrace  entire  subject .  11  4 

Violation  of,  jurisdiction  Police  Court .  2  52 

Violation  of,  penalties  for . 16  11 

When  to  take  effect .  15  5 

OUTSIDE  LANDS,  what  constitute .  1  153 

P 

PARK  COMMISSIONERS,  appointed  by  Mayor. ...  3  153 

Appointment  of  superintendents,  surveyors,  engi¬ 
neers,  etc .  6  154 

Appropriations  for  parks,  etc.,  to  be  expended  by  6  154 

Bequests  and  donations  for  parks .  8  155 

Classification  of .  3  153 

Contracts,  provisions  to  govern .  4  153 

Exclusive  control  of  parks,  squares .  6  154 

Fair  or  exposition,  when  may  be  permitted .  6  154 

Lands  under  control  of .  1  153 

Lands  may  be  set  apart  for  playgrounds .  9  159 

Lease  of  plot  for  State  of  California .  9  156 

Lease  of  any  part  of  parks,  restriction  upon .  6  154 

Museum  and  Art  Gallery,  under  control  of .  6  154 

Number  of  members  of .  3  153 

Ordinances  for  park  government,  adopted  by. . . .  5  154 

Park  Fund,  consists  of  what .  2  28 

Park  Fund,  used  for  what  purposes .  2  28 

Park  Police .  7  155 

Park  funds,  disbursement  of .  6  154 

Place  of  detention  for  persons  arrested .  7  155 

Present  Commissioners  succeeded  by .  2  153 

President  and  Secretary  of .  4  153 


192 


INDEX. 


Section  or 
Subdivision  Page 

PARK  COMMISSIONERS  (Continued). 

Salaries  of  employees,  to  be  fixed  by .  6  154 

Street  sweepings  for  benefit  of  parks .  4  10 

Tax  for  support  of  public  parks .  11  157 

Term  of  office  of,  four  years .  3  153 

To  receive  no  compensation .  3  153 

Works  of  art,  acceptance  and  location  of .  10  156 

PAVEMENT,  patent,  prohibited  .  26  83 

PAYMENT  OF  CLAIMS .  1  34 

PENSIONS,  (see  Firemen’s  Relief  Fund). 

(See  Police  Relief  and  Pension  Fund). 

PERCENTAGE,  electric  power  or  lighting  returns..  7  17 

Receipts  from  franchises  granted  upon  condition.  6-7  15-17 

PERMITS,  Pawnbrokers,  peddlers,  etc .  7  117 

Sale  of  liquors  less  than  quart .  3  115 

PETITIONS,  by  electors,  how  procured .  20  6-7 

Lease  of  railroad  franchises,  submission  to  vote.  7  17 

Passage  of  ordinances  by  electors .  20  6-7 

PIPES,  laying  in  streets,  Board  of  Public  Works. ...  1  59 

PLAYGROUNDS,  management  of .  1-10  157-159 

PLAYGROUND  COMMISSIONERS. 

Appointment  of  by  Mayor  .  2  157 

Donations,  may  receive .  6  158 

Organization  of .  3  157 

Police  detail  for .  7  159 

Powers  of .  5  158 

Rules  of .  4  158 

Secretary  of,  duties  of . * .  10  159 

Terms  and  qualifications  of .  2  157 

POLES  AND  WIRES,  light  or  power  transmission..  7  17 

PHYSICIANS  AND  SURGEONS,  City  Hospital .  6-7  136 

POLICE  COMMISSIONERS,  (see  under  Police  Dept.) 

POLICE  COURT. 

Attorneys  practicing  in,  must  be  qualified....  16  56 

Bondsmen  in  actions  in  . .  7  54 

Calendar  of  arrests  for .  13  55 

Clerks,  appointment,  salaries .  2  50 

Clerks,  duties . 10  55 

Concurrent  jurisdiction  with  Superior  Court .  2  52 

Contempt  of  Court,  in . 3  53 

County  Clerk,  to  act  as  clerk  of .  1  50 

Creation  of .  1  52 

Demurrers  to  complaint .  4  53 

Dismissal  of  cases  restricted .  1  53 

District  Attorney  to  prosecute  all  actions  in....  2  49 

District  Attorney  to  conduct  cases  in .  4  53 

Divided  into  departments .  1  52 

Election,  qualifications,  terms,  salaries .  1  52 

Exclusive  jurisdiction  of  what . . .  2  52 

Four  judges  to  constitute .  1  52 

Judges,  election  of,  at  what  time .  1  138 

Judges,  powers  equal  to  Justices  of  Peace .  2  52 

Judges,  term  of  those  elected  in  1898 .  17  56 


INDEX. 


193 

Section  or 
Subdivision  Page 

POLICE  COURTS  (Continued). 

.Jurisdiction  of .  2  52 

Justices  of  Peace  may  preside  in,  when .  12  55 

Police  officers  to  attend  as  bailiffs .  14  55 

Presiding  judge  of . i .  1  52 

Prosecuting  attorneys  for .  4  54 

Right  of  appeal,  when  lost  to  defendant .  2  52 

'  Rules  to  govern  proceedings .  3  52 

Seal  of .  23  12 

Statement  on  appeal,  Judge  to  settle .  2  52 

Stenographers,  appointment,  compensation,  etc..  11  55 

Trial  of  cases,  in  what  order .  5  53 

Trial  of  cases,  prompt  and  speedy .  6  53 

WARRANT  AND  BOND  CLERK. 

Appointment  of  and  duties .  5  54- 

Authority  to  issue  bail  bonds .  5  54 

Deputies  and  salaries . 5  54 

Penalty  for  not  keeping  office  open .  7  54 

Penalty  for  receiving  bail  money  by  ethers. .  8  54 

Office  of,  to  be  kept  open  continuously .  5  54 

Release  of  prisoners,  contempt .  6  54 

Release  of  prisoners,  power .  5  54 

Subject  to  order  of  Police  Judges,  when.  ...  6  54 

POLICE  DEPARTMENT, 

Appointments  regardless  of  politics  or  religion.  .  3  114 

Civil  service  to  govern  new  appointees  only .  1  12.1 

Consists  of  what .  1  113 

Dismissals,  trial  how  conducted. .  3  119 

Fines,  limit  to  amount .  2  119 

Matrons,  appointment  of . *. .  6  116 

Members  of,  qualifications,  age,  character .  3  114 

Officer  detailed  for  City  Attorney’s  office .  5  48 

Officers  and  employees  to  abstain  from  politics.  .  32  167 

Organization  of . 1-2-3  113 

Penalty  for  political  interference .  32  167 

Present  members  continued . 1  121 

Promotions,  how  made .  1  119 

Rewards  for  heroic  conduct . 8  123 

Tenure  of  office  during  good  behavior .  2  113 

SUBORDINATE  OFFICERS  OF .  1-6  117-18 

Captains,  number,  duties .  2  118 

Corporals,  number,  duties .  .  5  118 

Detective  sergeants,  number,  salaries,  duties .  6  118 

Lieutenants,  number,  duties .  3  118 

Sergeants,  number,  duties .  4  118 

POLICE  COMMISSIONERS, 

Appointment,  dismissal  of  members  of  Dept.  1  114 

Appointment  of  Chief  of  Police.  .  . .  .  1  111 

Appointment  of  surgeon,  salary .  7  110 

Appointed  by  Mayor .  1  114 

Classification  of .  2  114 

Four  Commissioners  to  constitute  Board....  1  114 

General  powers  of .  1-7  115 

Ineligible  to  any  elective  office,  when .  30  167 

Management  of  department .  1  114 

Must  abstain  from  party  politics .  32  167 


194 


INDEX. 


POLICE  COMMISSIONERS  (Continued). 

Permit  for  certain  sales  of  liquor . 

Political  interference,  cause  of  removal .... 

Present  Commissioners,  succeeded  by . 

President,  Secretary,  duties,  proceedings. .  . . 

Qualifications,  term,  salary . 

Restriction  as  to  political  party . 

Rules  and  regulations  for  government . 

Special  officers,  appointment  of,  when . 

Unclaimed  property,  care  and  sale  of . 

CHIEF  OF  POLICE, 

Appointment,  term,  salary . 

Calendar  of  arrests . 

Control,  manage  and  direct  Police  force.... 

Detectives,  detail,  number,  salary,  etc . 

Execution  of  laws  and  process . 

Fund  for  contingent  expenses . 

Office  books  and  regulations . 

Parks,  squares  and  grounds,  detail . 

Pawnbrokers,  peddlers,  etc.,  supervision  over 

Playgrounds,  detail  for . 

Police  Court,  detail  to  attend . 

Powers  and  general  duties  of . 

Powers  of  Sheriff,  when . 

Subpoenas,  detail  to  serve . 

Suspension  temporarily  of  policemen . 

POLICE  FORCE, 

Appointment,  present  and  future . 

Command  of,  by  Mayor  in  certain  cases.  .  . . 

Health  officers  by  virtue  of  office . 

Parks  and  public  grounds . 

Places  of  amusement,  etc . 

Proportion  to  inhabitants . . 

POLICE  RELIEF  AND  PENSION  FUND, 

Aged  and  infirm,  retirement . 

Annual  report  of,  by  Auditor . 

Commissioners  of  . 

Condition  of,  reported  quarterly . 

Death  of  member,  return  of  certain  amount. 

Deficiency,  how  provided  for . 

Disabled  members,  when  may  be  pensioned. 

Estimate  of  amount  annually  required . 

Moneys  to  be  paid  into . 

Payments  from  . 

Pensions  issued,  when . 

Pensions  to  families,  when  and  how . 

Proceeds  from  sale  of  certain  property . 

Surplus  of,  how  applied  annually . 

Treasurer  retain  $2  monthly  for . 

Trustees  of,  to  be  Police  Commissioners . 

POLICE  JUDGES,  (sec  Police  Court). 


Section  or 
Subdivision  Page 

3 

115 

32 

167 

3 

114 

4 

114 

1-2 

114 

2 

114 

2 

li5 

4 

115 

5 

115 

1 

.110 

13 

55 

1 

116 

6 

118 

3 

116 

6 

117 

4 

117 

7 

155 

7 

117 

7 

159 

5 

117 

1-7 

116-117 

2 

116 

24 

166 

1 

116 

1 

119 

2 

36 

3 

119 

7 

155 

12 

124 

1 

119 

2 

121 

13 

124 

9-10 

123 

9 

123 

6 

122 

13 

124 

2-3 

121-22 

7 

123 

ii 

124 

9 

123 

2-3 

121 

4-5 

122 

3 

121 

13 

124 

9 

123 

1 

121 

POLICE  LAWS,  power  to  make  and  enforce .  1  9 

POLICEMEN,  (see  under  Police  Department). 

POLICE  OFFICERS,  (see  under  Police  Department). 


INDEX. 


195 


Section  or 

.  Subdivision  Page 

POLICE  BELIEF  AND  PENSION  FEND,  (see  under 
Police  Department). 

POUND,  public,  regulation  of .  8  10 

POWERS  OF  OFFICERS,  (see  under  separate 
officers). 

PRECINCT  REGISTRATION .  5  138 

‘  PRINTING,  contracts  for  .  3  22 

Delinquent  Tax  List  . 2  22 

PROCLAMATIONS,  municipal  elections  .  4  139 

PROGRESSIVE  PAYMENTS  may  be  made  on  con¬ 
tracts  .  21  64-65 

PROMOTIONS,  based  upon  merit,  service,  etc .  8  149 

PROPERTY,  levied  upon,  may  be  purchased,  when .  .  34  13 

Personal,  of  City,  may  be  sold . 33  13 

Power  to  condemn  .  12  11 

Valuable,  taken,  to  be  deposited  with  Treasurer.  5  121 

Vested  in  City  and  County .  3-4  1-2 

UNCLAIMED  OR  STOLEN, 

May  be  returned  to  accused,  when .  2  120 

May  be  sold,  when .  3  120 

Property  Clerk  have  custody  of .  1  120 

PROPERTY  CLERK,  appointment  of,  and  salary.  ...  5  117 

Custody  of  certain  property .  1  120 

Money  to  be  returned  to  accused,  when . 2  120 

Valuable  property  to  be  deposited .  5  121 

PROPOSALS,  (see  also  Contracts). 

Fire  Department,  provisions  governing .  4  127 

Penalty  for  collusion .  18  63-64 

Public  work  .  15-17  63 

Supplies,  stationery,  drugs,  etc .  1  20 

PUBLIC  ADMINISTRATOR, 

Moneys  of,  for  Special  Deposit  Fund .  4  29 

Election  of,  at  what  time .  1  138 

Election,  term,  compensation,  powers,  etc .  1  50 

PUBLIC  BUILDING  FUND,  (see  under  Funds). 

Lands,  (see  under  Lands). 

Moneys,  (see  under  Moneys). 

Property,  (see  under  Property). 

PUBLIC  BUILDINGS, 

Cleaning  of,  by  Board  of  Public  Works .  3  59 

Construction  of,  when  exceeds  revenue  of  City.  .  29  166-67 

Lighting  of .  6  23 

PUBLIC  INSTITUTIONS,  (see  under  appropriate 
titles). 

Supplies,  drugs,  subsistence,  etc .  1  20 

PUBLIC  LIBRARY  AND  READING  ROOMS,  (see 
under  Library). 

PUBLIC  SCHOOLS,  (see  Schools). 

PUBLIC  UTILITIES, 

Accounts  of,  books  to  be  kept . 16  147 

Acquisition  of  lands  for  water  works .  15  147 

Acquisition  of,  submission  by  Mayor  to  people.  .  4  141 

Acquisition  of,  submission  to  vote  of  people .  3  140 


196 


INDEX. 


Section  or 
Subdivision  Page 

PUBLIC  UTILITIES  (Continued). 

Acquisition  of,  utilities  contemplated .  1  139 

Board  of  Public  Works  control  and  superintend.  8  60 

Bonds,  issue  of,  proceedings  . 5-15  142-147 

Earnings  of,  disposition  of .  . .  12  26-27 

Estimates  for,  procured  through  City  Engineer.  .  1  139 

Lease  or  sale  of,  submission  to  people .  21  7 

Neglect  of  Supervisors  to  carry  out  provisions.  . .  13  146 

Petition  for  acquisition  of . .  3  140 

Power  to  acquire .  14  146 

Beceipts  from,  accounting  of .  16  147 

Sale  of  existing,  to  be  considered .  .  2  140 

Tax  levy  to  meet  interest  and  principal .  12  146 

When  cost  can  be  paid  out  of  annual  revenue.  ...  4  141 

When  cost  exceeds  annual  revenue .  4  141 

PUBLIC  WOBKS, 

Penalty  for  collusion  in  bids  for  work .  18  64 

Opening  and  awarding  bids  for  work .  17  63 

Begulations,  of  proposals  for  work .  16  62 

Under  charge  of  three  Commissioners .  1  57 

Work  to  be  let,  how .  14  61-62 

BOAED  OF  PUBLIC  WOBKS, 

Appointment  of  City  Engineer .  11  61 

Appointment  of  head  for  each  department.  .  .  13  61 

Advertisement  for  proposals  for  public  work  15  62 

Appointments  of,  Secretary,  etc .  3  57 

Appointed  by  Mayor  .  1  57 

Bids  for  public  work,  receipt  and  award  of . .  17  63 

Collection  of  expenses  of  street  repairs .  9  60 

Commissioners,  restriction  upon  occupation.  1  57 

Contracts  for  unfinished  work,  reletting  of .  .  20  64 

Custody  of  maps,  surveys,  contracts,  etc....  8  58 

Data,  plans,  estimates  to  be  furnished  by.  . .  10  61 

Employees,  compensation,  duties,  bonds .  3-4  57 

Excavating  streets,  permits  for .  9  59 

Expenses  of,  year  ending  June  30th,  1900..  37  169 

Garbage,  disposal  of  .  7  60 

General  superintendence  of  what .  9  59-60 

Meetings  of,  etc.,  to  be  public .  5  58 

Penalty  for  collusion  of  bidders .  18  63-64 

Powers  to  regulate  what .  9  60 

President  of  the  Board .  2  57 

Proposals  for  public  work,  details  of .  16  62 

Public  buildings,  cleaning  of... .  9  60 

Public  utilities,  present  and  future .  9  60 

Qualifications,  salary,  terms .  1  57 

Becord  of  contracts  and  proceedings .  6  58 

Becords  same  validity  as  other  records .  21  81 

Secretary  of,  duties  . •.  .  6  58 

Succeed  certain  officers  .  7  58 

Superintendents,  engineers,  employees  .  3  57 

Wires,  pipes,  conduits  .  9  59 

CITY  ENGINEEB, 

Appointed  by  Board  of  Public  Works .  11  61 

Fees  of,  to  be  paid  into  treasury .  12  61 

Powers  and  duties  .  11-12  61 


INDEX. 


197 

Section  or 
Subdivision  Page 

PUBLIC  WORKS  (Continued). 

STREETS, 

Acceptance  of,  when  paved  and  improved.  .  .  23  82 

Appeal  from  assessment  for  improvements.  .  14  78 

Applications  for  improvements,  action  upon.  2  67 

Assessments,  appeal  to  Supervisors .  14  72 

Assessments  for  work,  collection  of .  13  77 

Assessments  for  improvement  restricted....  8  71-72 

Assessments,  how  made  in  special  cases....  10  76 

Assessments  not  to  exceed  certain  amount.  8  71 

Assessments,  returns  upon  warrants .  13  77 

Assessments  to  he  authenticated  .  11  76 

Assessments,  warrants  for  .  12  76-77 

Assessments,  when  contractor  may  sue  for.  .  15  79 

Closing  of,  action  necessary .  27  84 

Closing  of,  proceedings  for .  1-19  86-93 

Completion  of  work,  action  thereon .  6-7  70-71 

Completion  of  work,  affidavit  of  contractor.  .  6  70 

Completion  of  work,  assessments  upon .  7  71 

Crossings,  etc.,  work  how  assessed .  3  67 

Definitions:  expense,  paved,  etc .  26  83-84 

Definitions:  street,  block,  improvement .  26  83-84 

Excavation  of,  permits  for  .  9  59 

Expense  of  improvements  of,  how  borne.  ...  8  71-72 

Extending  of,  proceedings  for .  1-19  86-93 

General  superintendence  of  .  9  59 

Grade  of,  changing,  proceedings  for .  1-16  95-103 

Improvements  chargeable  upon  districts....  5  70 

Improvements  paid  for  by  the  City; .  2  67 

Improvement  of,  having  railroad  tracks  on.  .  7  71 

Materials  for,  Corporation  Store  Yard .  32  86 

Materials  for,  proposals  .  30  85 

Objections  of  property  owners  to  work  on..  4  68-69 

Opening,  etc.,  power  of  Supervisors,  concern¬ 
ing  .  1  86 

Opening,  etc.,  assessments,  district .  7  88 

Opening,  etc.,  payment  of  damages .  15  91 

Opening,  etc.,  plat  of  district .  7  89 

Opening,  etc.,  objections  of  property  owners .  5  87-88 

Opening,  etc.,  objections,  appeal,  etc .  5  87 

Opening,  etc.,  publication  of  notice  of  as¬ 
sessment  .  13  90 

Opening,  etc.,  proceedings  for  condemnation.  16  92 

Opening,  etc.,  proceedings  .  19  86-93 

Opening,  etc.,  duties  of  Board  of  Public 

Works  .  6  88 

Opening,  etc.,  resolution  of  intention .  2-3  87 

Opening  new,  regulations  governing .  1-19  86-93 

Ordinances  for  improving,  when  repealed...  27  166 

Preference  to  hand  sweeping .  29  85 

Proceedings  in  improvements  of .  3  67-68 

Property  owners  may  improve,  when .  4  68 

Property  owners  may  improve,  when .  19  64 

Publication  of  notices  for  improvement  of .  .  3  67-68 

Regulation  of  poles,  tracks,  wires,  etc .  1  58 

Repair  of,  collection  of  expense .  9  60 

Repairs  on  streets  not  accepted .  16-17  79-80 

Resolution  of  intention,  action  upon .  27  84 


198 


INDEX. 


Section  or 
Subdivision  Page 

PUBLIC  WORKS  (Continued). 

STREETS  (Continued). 

Sewers  and  drains,  permits  for  connections.  4  94 

Sewers  and  drains,  public  and  private .  3-6  94 

Sewers,  drains,  etc.,  construction,  etc .  2  93 

Straightening  of,  proceedings  for .  1-19  86-93 

Sweeping  and  sprinkling  of .  29  85 

Urgent  repairs  upon  .  30  85 

Validity  of  records  .  21  81 

What  are  public  .  1  66 

Widening  of,  proceedings  for .  1-19  86-93 

Width  of,  at  least  40  feet .  28  84 

PUBLICATION,  ordinances  of  Supervisors .  13  5 

Charter  in  two  daily  newspapers .  170 

Notices  and  resolutions,  street  work .  26  84 

Notice  of  assessment  change  of  grade .  12  100 

Notices  of  completion  of  assessment .  13  90 

Notices  to  show  cause  street  opening .  10  89 

Notices  of  resolution  for  opening  streets,  etc...  3  87 

Notice  of  change  of  grade .  7  98 

Official,  in  official  newspaper .  25  166 

Ordinances  for  control  of  parks .  5  154 

Proposals  for  cleaning  streets .  29  85 

Resolutions  for  street  improvements .  3  67 

Restrictions,  to,  etc .  2  21 

R 

RAILROADS, 

Acquisition  of,  by  City  (see  under  Public  Utili¬ 
ties). 

Construction  of,  under  Board  of  Public  Works.  .  1  59 

Franchises  for,  term  of  years .  6  15 

Franchises,  lease  of,  submission  to  people .  7  17 

Franchises,  lease  upon  expiration .  7  17 

Franchises,  let  to  highest  bidder .  6  15 

Franchises,  no  exclusive  granted .  28  12 

Franchises,  restriction  upon  .  6  15 

Paved  streets,  power  to  compel .  28  13 

Permits  for  laying  spur  tracks .  3  9 

Power  to  regulate  .  27  12 

Purchase  of,  by  City  .  2  140 

Rates  of  fare,  regulation  of .  27  12 

To  pay  for  street  improvements,  when .  7  71 

Tracks  of,  may  be  used  in  common .  27-28  12-13 

Transcontinental,  when  may  enter  City .  28  12-13 

Tunnels  for,  may  be  granted .  26  12 

READING  ROOMS,  (see  Library). 

RECALL,  of  elected  officials .  23  8-9 

RECEIPTS,  (see  Official  Receipts). 

RECEIVING  HOSPITAL,  (see  Hospitals). 

RECORDER,  assistants,  deputies,  salaries .  1  46 

Custody  of  records,  etc .  2  46 

Election  of,  at  what  time .  1  138 

General  duties  of  .  2  46 

Qualifications,  election,  term,  salary . .  1  46 


INDEX. 


109 


Section  or 
Subdivision 


REFERENDUM,  matters  submitted  to  people .  21 

Repeal  of  ordinances  .  20 

REGISTRAR  OF  VOTERS,  ('see  under  Elections). 

REMOVAL,  appointed  officers,  when  and  how .  18-20 

Civil  Service  restrictions .  12 

Deputies,  clerks,  employees,  etc .  21 

Elected  officers,  when  and  how .  18-19 

REPORTS,  all  officers  must  render  annual .  9 

RESOLUTIONS,  (see  Ordinances). 

RIOTS,  suppression  of  by  Mayor .  2 


REVENUE,  (see  also  under  Finance  and  Taxation). 

Amount  and  collection  of .  14 

Auditor  ’s  yearly  estimate  of .  2 

Expenses  not  to  exceed  yearly .  13 

Limit  of,  as  to  tax  levy .  11 

Not  to  pay  expenses  of  previous  year .  13 

RIGHTS  OF  CITY  AND  COUNTY . 


Page 

7 

6 


165 

151 

165 

165 

163 


36 

27 

24 

27 

26 

27 

1 


S 

SALARIES,  (see  under  separate  officers  and  depart¬ 
ments). 

Approval  of  heads  of  departments . 

Demands  for,  allowed  by  Auditor . 

Deputies  proportionate  to  actual  services . 

In  full  compensation  for  all  services . 

SALE  OF  LAND,  proceedings  for  . 

SAN  FRANCISCO  LAW  LIBRARY,  (see  Law  Li¬ 
brary). 

SANITARY  LAWS,  power  to  make  and  enforce, 
(see  under  Supervisors). 

SANITARY  REGULATIONS,  (see  under  Board  of 
Health). 

SCHEDULE  . 

SCHOOL  DEPARTMENT,  (see  Schools). 

SCHOOL  DIRECTORS,  (see  under  Schools). 

SCHOOL  HOUSES  AND  LOTS . 

SCHOOL  TAX  LEVY,  (see  under  Schools). 

SCHOOLS,  aggregate  tax  levy  for  school  purposes.. 

Department  comprises  what  . 

Evening  . 

Instruction  in,  furnished  free . 

Lease  real  property  . 

Must  be  non-sectarian  . 

Salaries  of  teachers,  sum  to  be  raised . 

Tax  levy  for  support  of . 

BOARD  OF  EDUCATION, 

Actions  for  school  property . 

Appointed  by  Mayor  . 

Approval  of  demands  on  School  Funds . 

Bequests  for  benefit  schools . 

Census  Marshals,  appointment  of . 


13  33 

13  33 

33  168 

34  168 

9  18-20 


170-71 


1-3  110-11 


1  109 

1  104 

2  104 

2  104 

11  106 

5  108 

9  105 

1  109-110 


8  105 

1  103 

13  33 

12  106 

7  105 


200 


INDEX. 


Section  or 
Subdivision  Page 

SCHOOLS  (Board  of  Education,  Continued) . 

Composed  of  four  School  Directors .  1  103 

Disbursement  of  school  money .  9  105 

Employees,  charges  against  .  5  '  105 

Extra  expenditures,  incurred  when .  3  110 

Houses,  requisition  on  Public  Works .  11  111 

In  charge  of  School  Department .  1  104 

Meetings,  rules  of  proceedings,  etc .  2  104 

Powers  in  addition  to  general  laws .  1-4  104-7 

President  and  Secretary,  term  and  salary..  2  103 

Qualifications,  term,  salary  .  1  103 

Repairs,  etc.>  how  secured.  ...  .  2  111 

Report  yearly  to  Supervisors .  3  107 

Salary  roll  transmitted  monthly  to  Auditor.  10  106 

Salary  schedule  each  year .  4  107 

Tax  levy,  annual  estimate .  1  109 

Teachers,  appointment,  salaries,  promotion.  2  104 

Teachers,  certificates  granted  and  renewed.  .  3  104 

SUPERINTENDENT  OF  SCHOOLS, 

City  Board  of  Examination .  6  109 

Deputies,  appointment,  qualifications,  term .  .  3-4  108 

Deputies  appointed  .  2  107 

Election  of,  at  what  time .  1  138 

General  duties  .  1-6  107-8 

Member  Board  of  Education,  salary .  1  107 

Recommend  studies  and  text,  books .  5  108 

Recommendation  of  measures .  3  108 

Report  annually  to  Board  of  Education ...  2  107 

Rules  and  regulations  of  Department .  1  107 

Teachers’  certificates,  examination  for .  1-4  107-8 

Visit  and  examine  schools  twice;  yearly .  4  108 

SEAL,  City  and  County .  1  1 

Each  department  to  be  provided  with .  23  12 

SEWERS  AND  DRAINAGE, 

Charge  of  Board  of  Public  Works .  1  93 

Construction  and  repair . 2  93 

Control  of  .  2  93 

Cost  of,  how  assessed  and  when .  9  94 

Expense  of,  how  assessed .  2  72 

Ordinances  authorizing  construction .  6  94 

Special  fund  for  . 22  12 

SEX,  to  be  disregarded  in  appointment,  when .  9  150 

.SHERIFF,  deputies,  employees  and  their  salaries....  2  51 

Election,  term,  salary,  powers,  duties .  1  51 

Election,  at  what  time  . h  ...  .  1  138 

SIDEWALKS,  (see  Streets). 

Power  to  regulate  use  of .  2  9 

SINKING  FUNDS,  (see  under  Funds). 

SPECIAL  DEPOSIT  FUND,  (see  under  Funds). 

SPRINKLING  STREETS,  proposals  for  doing .  29  85 

Under  charge  Board  Public  Works .  3  59 

SPUR  TRACKS,  permits  for .  3  9-10 

SQUARES,  (see  under  Park  Commissioners). 


INDEX. 


201 


Section  or 
Subdivision  Page 


STATIONERY,  contracts  for .  3  22 

For  public  officers  .  3  22 

How  furnished  to  officers,  etc .  3  22 

Names  of  officers  not  to  appear  thereon .  3  22 

STENOGRAPHERS, 


(Sec  under  Superior  and  Police  Courts,  City  At¬ 
torney  and  Coroner). 

STREET  RAILROADS,  (see  Railroads). 

STREETS,  opening,  closing,  excavating,  grading,  etc. 
(See  under  Public  Works). 

Use  and  regulation  of,  (see  under  Supervisors). 


Railroad  spur  tracks  upon. .  3  10 

When  City  is  liable  for  injury  on .  5  2 

STREET  IMPROVEMENTS,  (see  also  Public  Works). 

Limit  of  assessment  upon  property  owners .  8  71-72 

Opening  of  streets  through  certain  property.  ...  19  86-93 

Owners  may  improve  streets,  when .  19  64 

Performance  of,  by  property  owners .  9  74 

SUBPOENAS,  policemen  to  be  detailed  to  serve....  24  166 

Power  to  issue  by  every  officer . 24  166 

SUPERINTENDENT  OF  SCHOOLS, 

(See  under  Schools). 

SUPERIOR  COURT,  (see  Judges  of  Superior  Court). 

SUPERVISORS,  acquisition  public  utilities .  1  139 

Additional  deputies,  etc.,  when  authorized .  35  168 

Appropriation,  caused  to  be  raised  annually. ...  5  25 

Auditor’s  extra  clerks,  designation  of .  2  37 

Ayes  and  noes,  when  taken .  3  3 

Bids  rejected,  when .  5  23 

Bonds,  issue  of,  proceedings  governing .  16  139-148 

Bonds  of  officers,  when  may  require  additional..  5  161 

Budget  of  city’s  expenditures .  3  24 

Claims  for  damages  against  City .  8  18 

Claims  may  be  revived  when .  1  35 

Civil  Service  Commission,  expenses,  etc .  17  152 

Clerk,  assistants,  appointed  by  Board .  1  3 

Consist  of  eighteen  members .  2  3 

Constitute  Board  of  Equalization .  2  14 

Contracts  for  supplies,  etc.,  to  be  let  by .  1  20 

Disbursement  of  public  moneys .  15  27 

Elected  at  large  from  City  and  County .  2  3 

Election  of,  at  what  time .  1  138 

Ex-Mayors  entitled  to  seat  in .  2  3 

Finance  Committee,  powers  and  duties .  3-4  14 

Franchises  for  street  railroads .  6  15 

Franchises  granted  by,  to  be  forfeited,  when.  ...  6  15 

Franchises,  no  exclusive  to  be  granted .  5  15 

Franchises  to  erect  poles  or  lay  wires .  7  17 

Health  ordinances,  how  enforced .  4  135 

Journal  of  proceedings .  3  3 

Jurisdiction  over  wharves  of  City .  1-2  95 

Lands  may  be  set  aside  for  playgrounds .  8  159 

Legislative  acts  by  ordinance . 8  4 

Legislative  power  vested  in .  1  3 

Levy  and  apportion  taxes .  11  26 


202 


INDEX. 


Section  or 
Subdivision  Page 

SUPERVISORS  (Continued). 

Library,  annual  tax  levy,  limit .  2  111 

Lighting  streets  and  buildings .  6  23 

Mayor  the  presiding  officer .  5  3 

Meetings,  when  and  where  .  6  4 

Member  to  act  as  Mayor,  when .  6  37 

Municipal  buildings,  provision  for  construction.  .  29  165 

Municipal  revenues,  amount  to  be  fixed .  14  27 

Official  advertising,  contracts  for .  2  21 

Opening  and  closing  streets,  powers  in  relation  to  1-19  86-93 

Parks,  provision  for  support .  11  157 

Payment  of  moneys  into  Police  Pension  Fund.  .  1.1  124 

Playgrounds,  appropriation  for .  10  159 

Penalty  for  interest  in  contracts .  6  162 

Power  over  members  .  4  3 

President  of  Board  to  be  the  Mayor .  5  37 

President  pro  tempore,  election  of .  5  3 

Public  utilities,  estimates  of  cost .  1  139 

Public  works,  ordinances  relating  to .  9  59 

Qualifications,  term,  salary  .  2  3 

Quorum,  majority  to  constitute .  3  3 

Railroad,  lease  of,  when  and  how .  7  17 

Real  estate  for  public  library .  7  113 

Relief  of  indigent  and  exempt  firemen .  36  13 

Removal  for  neglect  to  enforce  provisions.  .....  13  146 

Removal  of  officers,  when  and  how .  18-19  165 

Schools,  annual  tax  levy,  xjrovision  for .  2  110 

Special  sessions,  called  by  Mayor .  5  36 

Stationery  contracts  for  .  3  22 

Street  grades,  power  to  change., .  1  95 

Street  opening,  etc.,  power  in  relation  to .  1  86 

Support  of  Library .  2  111 

Tolls  for  wharfage  .  2  95 

Unnecessary  funds,  abolition  of...4 .  38  170 

Vacancy  in  office  of  Mayor,  how  filled .  6  37 

CLERK  OF  BOARD, 

Appointment  of . 1  3 

Bids  for  proposals  to  be  delivered  to .  1  20 

Clerk  of  Board  of  Equalization .  2  14 

Contracts  for  supplies,  etc .  5  23 

Custody  and  recording  of  ordinances .  17  6 

Custody  of  city  stationery . 3  22 

Custodian  of  seal  of  City .  7  4 

Duties  and  powers  of .  7  4 

MAY  PASS  ORDINANCES, 

Animals,  cruelty .  19  11 

Boulevards,  designation .  25  12 

Cleaning  and  sprinkling  of  streets .  13  11 

Contingent  fund  for  the  Mayor .  35  13 

Convicts  and  felons,  apprehension .  21  12 

Drainage,  general  system  .  22  12 

Fees  and  charges  not  otherwise  provided.  ...  17  11 

Fourth  of  July,  appropriation .  18  11 

General  provision  .  1  9 

Hours  of  labor  for  public  service.  . .  24  12 

Insane,  detention  . 10  10 


INDEX. 


Section  or 
Subdivision  Page 

SUPERVISORS  (Continued). 

MAY  PASS  ORDINANCES  (Continued). 

Interpreters,  payment  for  .  20  11 

Jails,  hospitals,  etc.,  maintenance .  11  10 

Lands,  conveyance  of  certain .  29  13 

Lighting,  contracts  for  .  . .  6  23 

Licenses,  exceptions .  15  11 

Local  police  and  sanitary  laws .  1  9 

Memorial  Day,  •  appropriation . 18  11 

Morgue,  maintenance  .  9  10 

Nuisances,  provisions  for  abatement .  6  10 

Passenger  vehicles,  regulation  and  rates ....  7  10 

Pipes,  wires,  conduits,  franchises .  5  15 

Pound,  rules  governing .  8  10 

Property  for  public  use,  acquisition .  12  11 

Purchase  of  property  under  execution .  34  13 

Railroad  fares,  charges,  rates  of  speed .  27  12 

Railroads,  franchises,  conditions  .  6  15 

Railroads  to  enter  City  .  28  12 

Railroad  tracks,  temporary  and  spur .  3  9 

Regulate  use  of  streets,  sidewalks,  etc .  2  9 

Sale  of  certain  personal  property .  33  13 

Sale  or  lease  of  public  lands .  32  13 

Seals,  City,  departments,  courts,  etc .  23  12 

Sewers,  flushing  .  13  11 

Streets,  paving  of  by  railroads .  28  13 

Streets,  when  railroads  may  be  operated.  ...  6  15 

Streets  (see  further  under  Public  Works). 

Sweepings  of  streets  for  park .  4  10 

Trusts  for  City,  execution .  30  13 

Tunnels,  construction  .  26  12 

Unused  lots,  transfer  to  other  department..  31  13 

Utilities,  (see  under  Public  Utilities). 

Violation  of  ordinances,  penalties .  16  11 

Water,  gas,  heat,  light,  etc.,  rates .  14  11 

Water,  heat,  light,  power . 13  11 

Witnesses,  detention . 10  10 

Wooden  buildings,  limits  restricted .  5  10 

SUPPLIES,  contracts  for  each  department .  1  20 

For  public  officers .  1  20 

Limitation  upon  . .  1  20-21 

Prison-made  goods  not  allowed .  1  18 

Schools .  2  107 

Stationery,  for  public  officers .  3  22 

SUPERINTENDENT  OP  SCHOOLS, 

(See  under  schools). 

SUPERINTENDENT  OE  STREETS, 

(See  under  Public  Works). 

SURETIES,  on  official  bonds  of  officers .  3-5  161 

(See  also  under  Bonds). 

SURGEON,  Police  Department .  7  116 

SURGEGONS  AND  PHYSICIANS,  City  Hospital _  6-7  136 

SUSPENSION,  of  elected  officers,  when  and  how.  .  .  .  18-19  165 

Civil  Service  provision .  12  151 

Defalcation  or  wilful  neglect .  2  35 


204 


INDEX. 


Section  or 
Subdivision  Page 

SURPLUS  FUND,  (see  under  Funds). 

SURVEYOR,  (see  under  Public  Works). 

SURVEYS,  how  made,  etc . . .  11-12  61 

SWEEPING  AND  SPRINKLING  STREETS .  29  85 

(See  also  under  Public  Works). 


T 


TAX  COLLECTOR, 

Appoint  attorney  to  collect  delinquent  taxes....  3 

Collection  of  taxes,  licenses,  .etc .  2 

Collections  to  be  paid  into  treasury .  2 

Deputies  and  assistants,  and  salaries .  1 

Election  of,  at  what  time . .  1 

General  duties  of .  2 

Licenses,  examination  of .  4 

Licenses,  receipts,  etc.,  monthly  report .  5 

Licenses,  revocation .  4 

Office  hours .  14 

Qualifications,  election,  term,  salary .  1 

TAXES,  apportioned  to  specific  funds .  11 

Budget,  taxpayers  to  be  heard .  3 

Delinquent,  collection  of .  .  . .  2-3 

Delinquent,  publication .  2 

Drainage,  general  system .  22 

Equalization  of .  2 

Fire  Department,  levy  for .  2 

Increase  in  certain  emergencies.  . .  13 

Levy,  ordinances  for .  13 

Levy,  to  include  interest  and  part  principal .  12 

Levy,  when  made  by  Supervisors .  11 

Levy  for  all  purposes,  when  made . .  5 

Levy,  limit  for  City’s  expenses .  11 

Licenses,  regulations.  .  .  15 

Police  Relief  and  Pension  Fund,  levy .  11 

Public  Library,  levy  for .  2 

Public  parks,  levy  for .  11 

School  purposes,  levy  for .  1-3 

TEACHERS,  (see  under  Schools). 

TELEGRAPH,  regulation  and  control .  13 

Wires,  posts,  regulation  and  control .  13 

TELEPHONE,  regulation  and  control .  13 

Rates  for  service .  14 

TERMS  OF  OFFICERS,  (see  under  separate  officers). 

TEXT  BOOKS  FOR  SCHOOLS,  recommendation  of .  .  5 

TRACKS,  (see  under  Public  Works  and  Supervisors). 
TREASURER,  action,  no  money  to  pay  demands. ...  6 

Appointment  of  assistants  and  salaries......  1 

Bags  of  money .  3 

Demands  against,  when  barred . 1 

Demands,  approval  by  Auditor  before  payment.  .  3 

Demands,  limit  in  single  month .  9 

Demands,  pay  out  of  Unapportioned  Fee  Fund..  11-12 


45 

44 

44 

44 

138 

44 

45 
45 
45 

164 

44 

26 

24 
44-45 

21 

12 

14 

130 

27 

5 

146 

26 

25 

26 
11 

124 

111 

157 

110 


11 

11 


11 

11 


108 


43 

39 

42 

34 

37 

25 

32-33 


INDEX. 


205 


Section  or 
Subdivision  Page 

TREASURER  (Continued). 

Demands,  payment .  5  43 

Demands,  payment  in  order  of  presentation .  6  43 

Demands,  registration  of .  6  43 

Disbursement  public  moneys,  only  officer .  1  30 

Duplicate  receipts  for  money .  4  42 

Duties  in  connection  with  deposit  of  public 

funds  .  2  39-42 

Election  of,  at  what  time .  1  138 

Election,  qualification,  term,  salary .  1  39 

Eees,  etc.,  collected,  to  bo  paid  to .  3  30 

File  monthly  and  quarterly  statements .  2  39 

General  duties  of .  2  39-42 

Joint  custody  safe,  control  with  Auditor .  3  42 

Misconduct  in  office,  when .  2  39-42 

Moneys,  all  to  be  paid  to .  1  30 

Moneys,  all  to  be  deposited  daily .  17  164 

Moneys,  daily  account  of .  2  39-42 

Moneys  of  funds,  to  be  kept  distinct .  2  39-42 

Moneys  received  monthly,  report .  8  31 

Moneys,  transfer  from  Unapportioned  Fee  Fund.  10  32 

Office  hours  daily .  14  164 

Official  certificates  with .  5  31 

Outstanding  bonds,  when  to  pay  for .  7  31 

Receipts,  etc.,  issued  by .  6-8  31 

TRUSTEES  OF  PUBLIC  LIBRARY,  (sec  under 
Library). 

U 

UNA t PORTIONED  FEE  FUND,  (see  under  Funds). 

Transfer  of  moneys  from .  10  32 

Mileage  fees,  to  be  paid  out  of .  11-12  32-33 

UNCLAIMED  AND  STOLEN  PROPERTY,  (see  un¬ 
der  Property). 

UNDERWRITERS ;  FIRE  PATROL,  (see  under  Fire 
Marshal). 

URGENT  NECESSITIES,  appropriation  for .  8  25 

UTILITIES,  (see  Public  Utilities). 

V 

VACANCY,  in  municipal  offices,  what  constitutes. ...  10  163 

In  office  of  Mayor,  how  filled .  5  37 

Record  of,  by  Civil  Service  Commission .  19  152 

LTnder  Civil  Sendee,  how  filled .  8  149 

W 

WAGES,  (see  Salaries). 

Laborers  in  public  service .  24  12 

WARRANT  AND  BOND  CLERK,  (see  under  Police 
Court). 


INDEX 


206 

Section  or 
Subdivision  Page 

WATER,  companies,  books  exported  by  Supervisors.  4  14 

For  Municipal  purposes .  13  11 

Franchises,  submitted  to  vote  of  people .  21  7 

Land,  may  be  acquired  for .  15  147 

Location  and  quality .  13  .  11 

Rates  for  use . . .  14  11 

WHARVES  AND  HARBORS,  (see  under  Harbors 
and  Wharves). 

WIDENING  OF  STREETS,  (see  street  opening). 

WIRES,  (see  under  Public  Works). 

WORKS  OF  ART,  (see  under  Park  Commissioners). 


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